The bills suggest a thorough revamp of important legal codes that have faced criticism due to their complexity, lengthy processes, and biasness. Beyond being mere amendments, these bills represent the pulse of societal growth.
The Code of Criminal Procedure (CrPC), which governs the administration of substantive criminal law in India, was written into the statute books in 1882 and then amended in 1898. It was last amended in 1974 based on the recommendations of the 41st Law Commission.
Now the proposed Bharatiya Nagrik Suraksha Sanhita, presented on the last day of the Parliament session, seeks to bring it in sync with the times.
The bill proposes 533 sections, an increase from the existing 478 sections, with 160 sections amended, 9 new sections added, and 9 sections repealed.
Among the many notable changes, the bill brings about a simplification of legal procedures, particularly by mandating summary trial.
This provision ensures the swift handling of minor cases, prioritising efficiency and timely justice delivery. Less serious offenses like theft, possession of stolen property, house trespass, breach of the peace, and criminal intimidation will undergo mandatory summary trials.
Furthermore, where the maximum punishment is up to 3 years (previously limited to 2 years), Magistrates can now conduct summary trials, provided they duly record their reasoning in writing.
This shift aims to expedite proceedings and streamline the judicial process for quicker resolution.
“According to the seriousness of the offences, the trials are separated into three categories and take years to complete. One such mechanism is the summary trials. Summary trials provide people a chance to obtain justice for even the slightest grievances in a short span of time,” Advocate Akanksha Mathur said.
“However, the implications of the criminal justice system are long drawn, since they affect the rights and integrities of a person in personam. Therefore, the same calls for a summary trial, which is fast paced and accurate at the same time,” she added.
“The scope of summary trials has been expanded to cover the offences punishable up to 3 years, which means that trials for the offences punishable up to 3 years will be conducted quickly and with the simplified procedure. In a summary trial, the procedure of recording lengthy evidence is dispensed with, which will aid in the quicker disposal of such cases,” said Nitin Saluja, Advocate.
Talking to Ajit Weekly News, he said that the Magistrate is not bound to record the evidence word-by-word and is required to record only the substance of the evidence and based on that, the Magistrate is empowered to give his judgement containing a brief statement of reasons for the findings, which will be less time-consuming.
Currently, the CrPC is a comprehensive document designed to provide due process to the accused by laying down a procedure for cognizance, arrest, bail, collection of evidence, trial and determination of innocence or guilt. The procedure laid down is basically to ensure that the rights of individuals are protected against the strong state machinery.
However, “there is a grave need to bring reform in our criminal justice system, which is endeavored by the new criminal justice bills introduced in the parliament,” said Mathur.
People are currently dissatisfied by the snail pace criminal justice system, as it takes years to determine whether an arrested person is guilty or otherwise, causing people to lose faith in it.
“It is appropriate that we need to have a relook at these ancient laws and make changes in accordance with society and the accessibility to technology available to jurists and legal institution today. The bills endeavour to do the same, however it cannot be done in a rash manner as the implications are long drawn,” Mathur opined.
Mathur thinks that the same must be done in consonance with not just the legislation, but the legal fraternity as a whole, including the bar, the bench, jurists and activists and after due consideration of the law and justice committee of the parliament.
“The seed of this idea should not have a muted growth. The intent behind the summary disposition of trials is applaudable, however must not be overhauled in a lock stock and barrel mechanism,” she said.
As per the Section 283 of proposed bill Bharatiya Nagrik Suraksha Sanhita, 2023, summary trial would be conducted for the below offences falling under different Sections of the Bharatiya Nyaya Sanhita (BNS).
BNS 301 (Theft of movable property), BNS 303 (Theft in any building, tent, of idol or icon from places of worship), BNS 304 (Being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer), BNS 315 (Receiving or retaining stolen property), BNS 330 (House trespass in order to commit offense), BNS 349 (Criminal intimidation), BNS 350 (Insult with intent to provoke a breach of the peace).
However, the value of the stolen property should not be exceeding Rs 20,000 for the offences mentioned above.
“Although there is already a provision under 309 CrPC that for every trial or inquiry, the proceeding shall be held as expeditiously as possible and particularly when the examination of the witness has once begun, the same shall be continued from day-to-day untill all witnesses in attendance have been examined but no court of India follows this,” Advocate Rudra Vikram Singh said.
“It takes years some times to conclude the witness, hence only changing the rule with new sections will not change the mindset of the system. For implementations of the new rules, the accountability of the Magistrates as well as all the stakeholders has to be fixed and to be strictly followed,” he said.
In essence, the Bhartiya Nagrik Suraksha Sanhita Bill stands as a testament to India’s commitment to adapt its legal framework to the demands of the digital age while simultaneously refining and expediting legal procedures through the incorporation of summary trials.
–Ajit Weekly News
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