Union Home Minister Amit Shah introduced the Indian Judicial Code Bill, 2023 (Bharatiya Nyaya Sanhita Bill 2023) in the Lok Sabha on 12 August 2023. The Bill provides for imprisonment of up to three years for those who spread 'fake news or misleading information' that endangers the sovereignty and security of India under Section 195.
Substitution of other laws:
Union Home Minister Amit Shah introduced three new bills in the Lok Sabha to reform the criminal justice system in India. These bills also include the Indian Evidence Bill, the collective objective of these bills is to reform the legal framework related to criminal justice. The Indian Penal Code, 1860 will be replaced by the Indian Code of Justice, 2023, the Code of Criminal Procedure, 1898 will be replaced by the Indian Civil Defense Code, 2023 and the Indian Evidence Act, 1872 will be replaced by the Indian Evidence Bill, 2023.
Objectives and Scope of the Indian Evidence Bill, 2023:
The Indian Evidence Bill, 2023 seeks to consolidate and establish general rules and principles of evidence to ensure fair trial in criminal matters. The present Indian Evidence Act is archaic and lacks provisions to meet the modern scenario. The new Bill aims to reform the laws of evidence by modernizing them and aligning them with the current needs and aspirations of the public.
Major provisions and changes in the Indian Evidence Bill, 2023:
- Admissibility of electronic records: The new bill makes electronic or digital records admissible as evidence, giving them the same legal value as traditional paper documents.
- Repeal, amendment and addition of provisions: The Indian Evidence Bill repeals five existing provisions of the old Evidence Act, amends 23 provisions, and introduces one entirely new provision, resulting in a total of 170 sections.
- Scope expansion for secondary evidence: The Bill broadens the scope of secondary evidence, allowing it to include copies produced through mechanical processes, equivalents of documents and oral accounts of document contents.
- Precise and Uniform Rules: One of the primary objectives of the Bill is to establish precise and uniform rules governing the management of evidence during the trial of criminal cases.