The Govt of India is all set to enforce new criminal laws across the country, with effect from 1st July 2024. The Union Government has already notified these newly enacted criminal laws namely Bhartiya Nyaya Sanhita 2023 (BNS-2023), Bhartiya Nagrik Suraksha Sanhita 2023- (BNSS 2023) and Bharatiya Sakshya Adhiniyam 2023 (BSA 2023). The Indian Penal Code 1860, Code of Criminal Procedure-CrPC 1973, and Indian Evidence Act 1872 have thus been replaced by these new criminal laws respectively.
Last year, the Union Home Ministry had announced that new criminal laws will overhaul the Indian criminal justice system. They aim to replace these archaic laws according to the government to ensure victims get justice within a given time frame, increasing focus on national security and above all introducing digital and electronic evidence reviews, making them priorities of these laws.
Community Service a Punishment
For the first time, under the Bhartiya Nyaya Sanhita 2023 (BNS), the Govt of India has introduced Community Service as one of the punishments for “petty” offences. Community service has not been a part of the criminal justice system of India but this is popular in some western countries, including the US, UK and Australia. Community service is referred to as payback to the community. The UK’s Ministry of Justice implements it in the country and it is unpaid work.
The community sentence is given by the court when someone is convicted of a crime but isn’t sent to jail. The person is instead asked to do community service with Govt and Non-Govt agencies.
The Chapter II , Section 4 of BNS 2023 explains punishment to offenders which includes Death, Imprisonment for life, Forfeiture of property, Fine and Community Service.
Section 23 of Bharatiya Nagarik Suraksha Sanhita (BNSS 2023) previously called CrPC which is procedural law for Bhartiya Nyaya Sanhita -BNS 2023 (previously called IPC) explains this further:
(1) The Court of a Chief Judicial Magistrate-CJM may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
Explanation.—”Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.
Alternative Punishment
When the Bharatiya Nyaya Sanhita Bill, 2023 was tabled by Union Home Minister Amit Shah in Parliament, he maintained, “It is proposed to provide (for the) first time community service as one of the punishments for petty offences.” This unique provision under which community service has been conceived as an alternative punishment pertains to criminal defamation where the maximum punishment continues to be two years in jail but a convict can be let-off only with an order to provide community service in the wisdom of a court.
The government’s move puts defamation under the category of a pretty offence (Section 356 BNS 2023).
Some of the other penal provisions where community service has been mulled as one of the punishments relate to public servants unlawfully engaging in trade (Section 202 BNS 2023), non-appearance in response to a proclamation notice (Section 209 BNS 2023) for a theft of properties valued at less than Rs 5,000, trespass in an intoxicated state (Section 355 BNS 2023) and attempt to suicide (Section 225 BNS 2023).
Replacing IPC by BNS 2023
The Bharatiya Nyaya Sanhita (BNS 2023) which was enacted on December 25th 2023.
The preamble of this law reads:
“An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.”
The BNS 2023 retains most of the offences that were included under Indian Penal Code 1860 (IPC). Pertinently, the IPC was extended to J&K post article 370 abrogation and before October 31st 2019 instead of IPC, the Ranbir Penal Code (RPC) was applicable in Jammu & Kashmir.
As explained above, community service has been included as a form of punishment. Sedition is no longer an offence. Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India.
Section 1 (4) of BNS 2023 says that any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of BNS 2023 for any act committed beyond India in the same manner as if such act had been committed within India.
Section 1 (5) of BNS 2023 reads:
“The provisions of this Sanhita shall also apply to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever it may be; (c) any person in any place without and beyond India committing offence targeting a computer resource located in India”
Conclusion
The objective of enactment of new criminal laws BNS, BNSS and BSA is mainly to ensure transparency and fair trial by making rigorous changes in our criminal justice system. The use of technology, electronic and digital records has been given a thrust. Electronic and digital records are part of evidence under new laws and this has a legal backing now. Infact, some critical analysis has also been done vis a vis these criminal codes/laws like lack of public consultation and not holding any pre-legislative process and more dependence on technology. The provisions like community service in the new criminal codes will reduce the burden on jails. The new laws will also ensure better policing and there will be more transparency as all the processes will be taken up in a digital mode in the coming years.
Mass awareness about the new criminal laws for Police officers, judges , lawyers and the general public is much needed. There is a great role for District and Tehsil Legal Services Authorities, NGOs and Educational Institutions so as to have a better understanding of these laws.
*This author will continue to create more awareness about these three laws in detail in the coming weeks and months through our newspaper as well as KO’s digital platform. I seek valuable feedback from the people.
- Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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