In recent years, the need for reform in India’s criminal justice system has become more pressing than ever before. While India’s laws have undergone numerous changes since their inception, many believe that they have failed to keep pace with the rapidly changing social, economic, and technological landscape. The introduction of new laws such as the Bhartiya Nyay Sanhita (BNS) and Bhartiya Suraksha Sanhita (BSS) represents a bold step towards ensuring that the criminal justice system in India is not only effective in curbing crime but is also more sensitive to the needs and rights of victims. These proposed reforms focus on making the legal system more victim-centric, ensuring that victims of crime are not just passive participants in the justice process, but are actively supported and protected throughout.
In this blog, we will explore the details of the Bhartiya Nyay Sanhita (BNS) and Bhartiya Suraksha Sanhita (BSS) and how they contribute to creating a more victim-centered approach to criminal justice in India.
The Need for a Victim-Centric Approach
Traditionally, the criminal justice system in India has been designed primarily to punish the accused and to maintain law and order. Victims, often, were left to navigate a complex and at times indifferent system, with little support or recourse for their emotional, psychological, and physical suffering. This created a need for reforms that prioritized victim protection, support, and empowerment.
A victim-centric approach in criminal law aims to recognize the trauma and harm suffered by the victim and ensure that the justice process does not further traumatize them. This approach focuses on providing victims with access to timely justice, offering support services, safeguarding their privacy, and ensuring that they are treated with dignity throughout the legal process.
Bhartiya Nyay Sanhita (BNS): Transforming the Indian Penal Code
The Bhartiya Nyay Sanhita (BNS) is a proposed overhaul of the Indian Penal Code (IPC), which has governed criminal law in India since 1860. The IPC has long been criticized for being outdated and not suited to dealing with modern crimes, particularly those related to technology, gender-based violence, and child protection. The BNS seeks to modernize the IPC by addressing these gaps and introducing more victim-friendly provisions.
Key Features of the Bhartiya Nyay Sanhita (BNS)
- Victim-Centered Sentencing:
One of the most notable provisions in the BNS is its focus on victim-centered sentencing. While traditional laws focus primarily on punishing the accused, the BNS gives victims a voice in the justice process. Victims can now provide their perspectives on appropriate punishments, including restorative justice options. This means that the justice process can consider not just the guilt of the offender but also the harm done to the victim and the steps needed to repair that harm. - Harsher Punishments for Sexual and Violent Crimes:
The BNS brings stricter penalties for crimes that predominantly affect women and children, such as sexual assault, child sexual abuse, and domestic violence. It introduces harsher punishments like life imprisonment and, in certain cases, the death penalty for the most egregious crimes. These changes aim to ensure that victims feel the legal system is responding firmly to their suffering. - Improved Victim Protection:
In many criminal cases, especially those involving sexual offenses, the victim’s identity and dignity are often compromised. The BNS places greater emphasis on protecting victims during the investigation and trial process. Victims are assured of anonymity and privacy, particularly in sexual assault and child abuse cases. This change aims to reduce the risk of re-victimization through insensitive legal procedures or public exposure. - Restitution and Rehabilitation:
The BNS recognizes that justice is not just about punishing the offender but also about healing the victim. To this end, the reform includes provisions for financial restitution to victims, psychological counseling, and access to medical treatment. Victims of violent crimes will be provided with the necessary rehabilitation services, helping them recover from the trauma caused by the crime. - Fast-Track Courts for Sensitive Cases:
Long trials can cause further harm to victims, especially in sexual violence cases. The BNS mandates the establishment of special fast-track courts to ensure that sensitive cases are resolved quickly. This change is critical for reducing the emotional toll that prolonged trials place on victims.
Bhartiya Suraksha Sanhita (BSS) – Reforming Criminal Procedure
While the Bhartiya Nyay Sanhita (BNS) seeks to reform the substantive criminal law, the Bhartiya Suraksha Sanhita (BSS) focuses on the procedural aspects of the law. It is designed to update the Indian Criminal Procedure Code (CrPC) and address modern security challenges while prioritizing the safety of individuals and the protection of victims throughout the criminal justice process.
Key Features of the Bhartiya Suraksha Sanhita (BSS)
- Enhanced victim safety:
The BSS introduces enhanced mechanisms for protecting victims of crime, especially women, children, and marginalized communities. For example, in cases of domestic violence, stalking, or cybercrimes, the law provides stricter penalties for offenders and establishes more robust measures for keeping victims safe. This includes the introduction of more surveillance technologies and the provision of immediate protection orders for victims in distress. - Technology and victim assistance:
Recognizing the role of technology in modern crimes, the BSS ensures that victims have access to online platforms for reporting crimes. These platforms will be designed to be user-friendly, allowing victims to file complaints, track the status of their cases, and access support services such as medical care, legal assistance, and psychological counseling. The law also proposes the use of video conferencing to allow victims to testify in court without facing the accused, ensuring their safety and comfort. - Victim Support Units:
A significant innovation under the BSS is the establishment of Victim Support Units at local police stations. These units are specialized teams that will help victims navigate the criminal justice system. They will guide victims through every step, from filing a complaint to securing compensation. Additionally, these units will be responsible for ensuring that victims’ rights are upheld, that they receive medical and legal assistance, and that they are informed about the progress of their cases. - Witness Protection:
Many victims are reluctant to come forward and testify because they fear retaliation from the accused. The BSS strengthens witness protection programs, ensuring that victims and witnesses are shielded from harm. These programs allow victims to testify in a safe environment, using technology like video conferencing or anonymous testimony. By ensuring the safety of those involved, the BSS encourages more victims to come forward and pursue justice. - Streamlined Trials:
Delays in the legal process often contribute to the victim’s trauma. The BSS aims to make criminal trials more efficient, particularly in cases involving sexual violence, domestic abuse, and trafficking. Fast-track courts and time-bound investigations are part of the reform’s goal to ensure that justice is not delayed. This timely resolution of cases helps victims find closure and healing.
How BNS and BSS Have Made Criminal Laws More Victim-Centric
The BNS and BSS laws represent a monumental shift toward a victim-centered approach to criminal justice. They both recognize the importance of addressing the emotional, psychological, and physical trauma that victims undergo while ensuring that justice is swift, fair, and restorative. Here’s how these reforms are making a difference:
- Empowering Victims:
The BNS and BSS give victims more control over the legal process. From offering victims a chance to express their views on sentencing to ensuring that they receive rehabilitation and support, these laws give victims a voice and prioritize their needs. - Protecting Victims’ Dignity:
Both reforms protect victims’ privacy and dignity, especially in sensitive cases like sexual assault and domestic violence. The emphasis on protecting the identity of victims ensures that they are not subjected to further harm or social stigmatization. - Timely Justice:
By prioritizing fast-track trials and introducing mechanisms to expedite investigations, the BNS and BSS ensure that victims don’t have to endure prolonged trauma. This timely justice helps provide victims with closure and reduces the emotional and psychological burden that comes with waiting for years to see justice served. - Comprehensive Support Services:
The provisions for victim support—ranging from counseling to financial compensation—ensure that the legal system provides holistic care for victims. This goes beyond just seeking punishment for the offender and focuses on victim recovery and empowerment.
Conclusion
The Bhartiya Nyay Sanhita (BNS) and Bhartiya Suraksha Sanhita (BSS) are powerful tools in transforming India’s criminal justice system into one that is more responsive to the needs of victims. By focusing on victim protection, faster trials, rehabilitation, and emotional support, these reforms reflect a deep commitment to providing justice in a way that recognizes the human toll of crime. Through these laws, India is taking significant strides towards creating a legal system that not only seeks to punish offenders but also works to heal and restore victims, giving them the dignity and support they deserve.
Contributed By Jatin Kakkar (Legal Intern)