Electronic summons, judgment timeline: New bill proposes changes to criminal laws

In a big move to bring changes to the country's criminal law, the Centre has proposed to replace the Code of Criminal Procedure (CrPC) with the Bharatiya Nagarik Suraksha Sanhita Bill. With a total of 533 sections, the bill has retained most and amended many provisions, while introducing some new turns in the course to deliver justice in criminal cases.

In an important development, the draft bill has introduced timelines in various provisions.

The draft has been introduced to provide for the use of technology and forensic sciences in the investigation of crime, along with furnishing and lodging of information, service of summons, etc., through electronic communication.

It also provides for the completion of an investigation into sexual offences against women and some POCSO offences within two months.The progress of the investigation should also be communicated to the victim within 90 days, as per the new law.

It also introduced a 60-day time limit for framing charges. Further, in case of trials before the sessions court, the judgment on acquittal or conviction is to be delivered within 30 days.

For some offences, considering the nature and gravity of the offence, the use of handcuffs while arresting an accused has also been specified.

Mentioned below are some important changes that the bill proposes to bring -

DIGITISATION OF JUDICIAL PROCESS

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• Clause 532 of the Bill states that trials and proceedings under this code may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
• FIRs can be filed through electronic means, irrespective of the area where the offence was allegedly committed.
• In the procedure for registration of an FIR, the bill states that information about a cognizable offence can be given orally or through electronic communication, "irrespective" of the area where the offence took place.
• As per Clause 105 of the bill, the search and seizure can be recorded through any audio-video electronic means, preferably cell phones, and the police officer is to without delay, forward such recordings to the concerned authority.

ELECTRONIC SUMMONS, PROSECUTION EVIDENCE

• As per Clause 64, electronic communication has been added as a means for the service of summons, while the CrPC provided for summons to be served personally.
• Clause 254 (1) of the new draft states that the court can electronically collect the evidence in support of a prosecution and the evidence of witnesses can be recorded by audio-video electronic means.
• According to Clause 254 (2), the deposition of evidence of any police officer or public servant may be taken through any audio-video electronic means.
• Charges framed against an accused have to be read and explained to the person, either physically or through electronic means. Further, the accused will be asked whether he pleads guilty to the offence charged or claims to be tried.

60-DAY TIMEFRAME FOR CHARGE

• Clause 251 of the new bill states that for cases exclusively triable by the court, a charge against the accused should be framed in writing, within a period of 60 days from the date of the first hearing on the charge.
• As per the new bill, investigation in relation to sexual offences against women including rape, gangrape etc and some offences under the Protection of Children from Sexual Offences Act, 2012 is to be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
• Further, the police officer has to, within a period of 90 days, inform the progress of the investigation by any means, including electronic communication, to the informant or the victim.

JUDGMENT ON ACQUITTAL/CONVICTION IN 30 DAYS

According to Clause 258 of the bill, after hearing arguments and points of law (if any), the judge is bound to give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may for specific reasons extend to a period of sixty days.

SUMMARY TRIALS

According to the new draft, offences punishable with imprisonment up to three years can be tried through summary trial. Earlier, as per the CrPC, this was up to two years.

ACCUSED CAN BE PRONOUNCED PROCLAIMED OFFENDER

Clause 84(4) of the new bill states that when a proclamation is published for a person accused of an offence and punishable with imprisonment of 10 years or more, or imprisonment for life or with death, the court can pronounce him a proclaimed offender if they fail to appear.

MALE PERSON NO MORE REQUIRED WHILE SERVING SUMMONS

The new bill states that when the accused person, to whom the summons has been served, is not found at home, the same can be served to any adult member of the family, regardless of gender.

However, earlier, as per the CrPC, the summons could only be served to an adult 'male' person of the family.

USE OF HANDCUFFS SPECIFIED

While the CrPC did not have any specification of handcuffs, Section 43(3) of the bill states that the police officer may, keeping in view the nature and gravity of the offence, use handcuffs while arresting an accused.

Handcuffs can be used on anyone who is - a habitual, repeat offender, someone who escaped from custody, who has committed an offence of organised crime, offence of terrorist act, drug-related crime, or an offence of illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offences against children, offences against the State, including acts endangering sovereignty, unity and integrity of India or economic offences.

DISTRICT DIRECTORATE OF PROSECUTION

In addition to the state directorate, under Clause 20 of the new bill, the state government may establish a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.

NEW DEFINITIONS ADDED

The definition of 'audio video electronic' and electronic communication have been added to the new bill.

PROVISION OF METROPOLITAN AREA REMOVED

The new bill has removed a provision which, under Section 8 of the CrPC, provided for metropolitan areas and stated that the state government may declare any area with a population exceeding one million as a metropolitan area.