Question Q1GS2GS2

Bharatiya Nyaya Samhita (BNS), Bharti Ya Nagrik Suraksha Samhita (BNSS) & Bharatiya Saksheya Adhiniyam (BSA) have come into force from 1st July 2024, replacing earlier laws.

Introduction

"Every saint has a past & every sinner has a future" - Oscar Wilde Clemency powers refer to the pardoning powers vested in President for entertaining mercy pleas.

28 words

Main Body

Rationale behind introduction :-

1BNS → to decolonise criminal laws (2) removal of sedition to replace dominant approach of 'penalising' by 'justice' (nyaya) to update the laws as per modern requirements eg organised crime cyber crimes have been introduced

2BNSS → to tackle sitting pendency in courts (4) to provide rights to victims (4) zero FIR

Key features of laws :-

1BNS :-

1. community service introduced as punishment

2. New forms of crimes included (eg mob lynching, organised crime including cybercrime

3. false promise of marriage criminalised

4. sedition replaced with 'beshalacha'

5. adultery, suicide decriminalized

6. Gradation of punishment for rape - as per age of victim

Concerns :-

1. No provision for sexual assault of men & transgender

2. wide definition, overlapping with other laws (eg terrorismUAPA also

3. Marital rape not included

2BNSS :-

1. bail for undertrial introduced (4) have completed 1/3 of maximum imprisonment

2. For speedy trialtimelines laid down (eg 30 days for pronouncing judgment after completion of hearing

3. Zero FIR at any police station

Concernsminimum punishment specified in many cases, which may overlook accused mitigating conditions

3BSA :-

1. Digital evidence included as part of documentary evidence.

2. Video conferencing for witness statement

3. Provision of collection of sign, hair sample, behavioural aspects of convict.

Concerns: Need proper handling of digital evidence (4) Faraday bag to avoid tampering thus the laws stand to modernise criminal justice system in India.

Role in ensuring corporate governance & addressing insolvency issues :-

1It is the final authority granting approval to insolvency resolution plans under Insolvency & Bankruptcy Code, 2016

2It ensured that the resolution plan benefits all stakeholders & that adequate efforts have been made before solvency of company.

"Every saint has a past & every sinner has a future" - Oscar Wilde

Clemency powers refer to the pardoning powers vested in President for entertaining mercy pleas.

Difference between

Indian President | US President

1can grant pardons for death penalty for unions as well as state laws. | (1) can only grant it for federal laws.

2can entertain mercy petition only from convicts [Art 72]. | (2) can grant clemency at any stage of litigation, not just after conviction.

3No provision of pre-empire pardon | (3) can grant for employe pardon

4Not a discretionary | (4) Its at sole discretionary of President of US.

power of President. (4) It's at sole discretion of President of US.

Power of President | (4) It's at sole discretion of President of US.

She is bound by advice of council of ministers.

5Pardoning completely absolves the convict from office.

Vesting of clemency powers in executive :-

(A) Rightful :-

1. It provides chance to collect unduly harsh sentence

2. Opportunity to undo any lapse in justice

3. At upholding of human rights & dignity of offenders

4. As a balance in doctrine of checks & balances

However, it has been justified of also :-

1SC held in Mauryan case that decision of President can be subject to limited judicial review on grounds of mala fide

2Executive not being the domain of administrating of justice, thus violating separation of power

3US Presidents decide to grant pre-empire pardon to his son was criticised as being favouritism

4Inordinate delays in deciding upon mercy please. [Shaliu-ghan chelani case]

Dispite above, clemency remains a humane recourse. As Lincoln said: "I have found that mercy bears richer fruits than harsh punishment."

However, mercy remains a humane recourse. As Lincoln said:

"I have found that mercy bears richer fruits than harsh punishment."

609 words28 paragraphs

Conclusion

Thus the laws stand to modernise criminal justice system in India. However, mercy remains a humane recourse. As Lincoln said: "I have found that mercy bears richer fruits than harsh punishment."

31 words

Diagram

Three interconnected boxes showing BNS, BNSS, and BSA with their main objectives and rationale

Open original scan

Page 29

Topper

Ishita Sharma

AIR 2682025

Subject & Paper

GS2GS2

Topic

Government Policies and Interventions - Design, Implementation and Issues

Government Schemes and Policies

Criminal Justice Laws Reform

Writing Stats

668

Total words

Paragraphs

comparative-analytical

Tone