Haryana State PCS

• 22 May 2024

Enforcement of Criminal Laws in Haryana

Why in News?

The government of Haryana has created a plan for the enforcement of three recently introduced criminal laws: the Bhartiya Nyaya Sanhita 2023, the Bhartiya Nagrik Suraksha Sanhita 2023, and the Bhartiya Sakshya Adhiniyam, 2023.

Key Points

• Haryana police department was intensifying capacity-building initiatives and preparations for enforcing three new criminal laws.
• Prioritizing the training of master trainers and police officials, the department aims to ensure the effective enforcement of these new regulations.

Bhartiya Nyaya Sanhita Bill, 2023 (BNS)

• It is one of the three criminal law bills introduced by the Union Government to replace the era-old Indian Penal Code, 1860 (IPC).
• BNS was passed in Lok Sabha on 20^th December 2023 and in Rajya Sabha on 21st December 2023.
• Apart from amendments it aims to add several offences in the ordinary law which were either part of any statute or was an offspring of precedents declared by the Supreme Court of India.

Bhartiya Nagrik Suraksha Sanhita 2023

• The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) replaces the Criminal Procedure Code, 1973 (CrPC) and introduces significant alterations including:
  • Detention Conditions: The BNSS2 alters rules for undertrials, restricting release on personal bond for those accused in severe offenses, including life imprisonment cases and individuals facing multiple charges.
  • Medical Examination: It broadens the scope of medical examinations, allowing any police officer (not just a sub-inspector) to request one, making the process more accessible.
  • Forensic Investigation: Mandates forensic investigation for crimes punishable by at least seven years' imprisonment.
  • Sample Collection: Extends the power to collect finger impressions and voice samples.
  • Timelines: The BNSS2 introduces strict timelines: medical reports for rape victims within 7 days, judgments within 30 days (extendable to 45), victim progress updates within 90 days, and charge framing within 60 days from the first hearing.
  • Court Hierarchy: The CrPC organizes India's criminal courts hierarchically, from Magistrate’s Courts to the Supreme Court.

Bhartiya Sakshya Adhiniyam, 2023

• The Bharatiya Sakshya (Second) Bill, 2023 (BSB2) replaces the Indian Evidence Act, 1872 (IEA). It retains most provisions of the IEA including those on confessions, relevancy of facts, and burden of proof.