Lest we be caught off-guard
- The People's Chronicle Editorial :: August 18, 2023 -

WHILE the outbreak of violent clashes between the Meitei/Meetei and Kuki-Chin communities since the evening of May 3 has thrown the normal life out of order and pushed the people living in the tiny northeastern state of Manipur into a perplexing situation from which there seem to be no way out, a lot have been happening elsewhere in the country which the people living in this strife-torn state need to keep abreast of.

Ignorance of these happenings might catch the people off-guard when peace is restored and normalcy return in the state. Among these happenings, we should not lose sight particularly of the three new bills that were tabled in the just concluded monsoon session of the Indian Parliament.

The new bills, namely, The Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, The Bharatiya Nyaya Sanhita (BNS) Bill and the Bharatiya Sakshya (BS) Bill were introduced with the stated objective of overhauling the existing criminal procedures by bringing the much needed changes in the police probe with the aid of technologies.

Of the three new bills, BNS and BS Bills are intended for replacing the existing Indian Penal Code, 1860 and the Indian Penal Evidence Act, 1872, while BNSS Bill seeks to replace the colonial era CrPC and proposes some key changes in the criminal justice delivery system including a provision for attachment of properties of proclaimed offenders in India and abroad and permitting use of handcuffs for the arrest of the offenders in some cases.

Tabling the three new Bills, the Home Minister had explained that the proposal for changes in the criminal procedures is in line with the Centre's Digital India Initiative and aims to give impetus to greater use of technology including allowing conduct of trials via video-conferencing.

Now, with all the three new Bills already sent to a Parliamentary panel for further scrutiny, it is only a matter of time for the Bills proposed by the ruling dispensation to become Acts.

Time will also tell whether these Bills when they become Acts would be effective enough in bringing about the intended changes in the existing criminal procedures.

The proposed Bills, indeed, have some provisions that are refreshingly new.

The provisions for ensuring that no sanction is required for prosecuting government officials in cases like sexual offences and trafficking; allowing conduct of trial against a person accused in a crime and be convicted in his/her absence and use of technology and forensic sciences in matters of investigating a crime, lodging of FIRs, recording of dispositions, statements of accused, and sending summon through electronic modes are definitely in tune with the time that is evolving.

But the provision of making waging of war 'against the government of any foreign nation at peace with the government of India, or attempts to wage such war, or abets the waging of such war' an offence punishable with imprisonable for life or for a term which may extend up to seven years, with/without fine, howsoever important it may be for keeping up the image of India, sounds discordant.

The Government of India surely has enough issues of its own creation to deal with within its territory. It needs to keep the house in order first, before thinking of diverting the available means and resources elsewhere. That will ensure lasting peace and stability in the country.