The **Bhartiya Nagarik Suraksha Sanhita, 2023** and **Bhartiya Nyay Sanhita, 2023** are proposed legislative reforms in India aimed at replacing the colonial-era Indian Penal Code (IPC), 1860, and the Code of Criminal Procedure (CrPC), 1973. These new codes aim to modernize India's criminal justice system, making it more efficient, victim-centric, and aligned with contemporary societal needs. Below are five long questions with detailed answers related to these codes for the CS Executive (JIGL) exam:
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Question 1: What are the key objectives and features of the Bhartiya Nagarik Suraksha Sanhita, 2023?
**Answer:**
The **Bhartiya Nagarik Suraksha Sanhita, 2023** aims to replace the existing Code of Criminal Procedure (CrPC), 1973, with a more streamlined and efficient framework for criminal justice administration. Its key objectives and features include:
1. **Victim-Centric Approach**: The new code emphasizes the rights and protection of victims, ensuring timely justice and compensation for victims of crimes.
2. **Speedy Trials**: It introduces measures to reduce delays in the judicial process, such as setting time limits for investigations, trials, and pronouncement of judgments.
3. **Use of Technology**: The code promotes the use of technology in legal proceedings, including electronic filing of complaints, virtual court hearings, and digital evidence management.
4. **Community Service**: For minor offenses, the code introduces community service as a form of punishment, reducing the burden on prisons and promoting reformative justice.
5. **Simplified Procedures**: It simplifies legal procedures to make them more accessible to the common citizen, reducing procedural complexities and delays.
6. **Witness Protection**: The code includes provisions for the protection of witnesses, ensuring their safety and encouraging them to testify without fear.
7. **Gender Sensitivity**: It incorporates gender-sensitive provisions to address crimes against women and children more effectively.
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### **Question 2: How does the Bhartiya Nyay Sanhita, 2023 differ from the Indian Penal Code (IPC), 1860?**
**Answer:**
The **Bhartiya Nyay Sanhita, 2023** seeks to replace the Indian Penal Code (IPC), 1860, with a modernized and updated criminal code. The key differences include:
1. **Reorganization of Offenses**: The new code reorganizes offenses into more logical and contemporary categories, removing outdated provisions and adding new ones to address modern crimes.
2. **Enhanced Punishments**: It introduces stricter punishments for certain offenses, such as crimes against women, children, and national security.
3. **New Offenses**: The code includes new offenses like mob lynching, hate crimes, and cybercrimes, which were not explicitly covered under the IPC.
4. **Decriminalization of Minor Offenses**: Some minor offenses have been decriminalized or moved to civil law, reducing the burden on the criminal justice system.
5. **Focus on Reformative Justice**: The code emphasizes reformative justice, introducing provisions for community service, probation, and rehabilitation for first-time offenders.
6. **Simplified Language**: The language of the code has been simplified to make it more accessible to the general public and reduce ambiguities in interpretation.
7. **Gender-Neutral Provisions**: The code includes gender-neutral provisions for certain offenses, ensuring equal protection under the law for all genders.
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### **Question 3: What are the major reforms introduced in the Bhartiya Nagarik Suraksha Sanhita, 2023, regarding the investigation process?**
**Answer:**
The **Bhartiya Nagarik Suraksha Sanhita, 2023** introduces several reforms to improve the investigation process, including:
1. **Time-Bound Investigations**: The code mandates time limits for completing investigations, ensuring that cases are resolved promptly and delays are minimized.
2. **Forensic Evidence**: It emphasizes the use of forensic science in investigations, making it mandatory for certain categories of offenses to have forensic evidence collected and analyzed.
3. **Digital Tools**: Investigators are encouraged to use digital tools and technology for evidence collection, documentation, and case management.
4. **Witness Protection**: The code includes provisions for the protection of witnesses, ensuring their safety and cooperation during investigations.
5. **Transparency**: It introduces measures to enhance transparency in the investigation process, such as mandatory video recording of certain investigative procedures.
6. **Specialized Units**: The code proposes the creation of specialized investigation units for specific types of crimes, such as cybercrimes, economic offenses, and crimes against women and children.
7. **Accountability**: Investigators are held accountable for lapses or delays in investigations, with provisions for disciplinary action in case of negligence.
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### **Question 4: Discuss the provisions related to cybercrimes in the Bhartiya Nyay Sanhita, 2023.**
**Answer:**
The **Bhartiya Nyay Sanhita, 2023** introduces comprehensive provisions to address cybercrimes, reflecting the growing importance of digital security in modern society. Key provisions include:
1. **Definition of Cybercrimes**: The code provides a clear definition of cybercrimes, including hacking, identity theft, cyber fraud, cyber terrorism, and the spread of malicious software.
2. **Enhanced Punishments**: It prescribes stricter punishments for cybercrimes, including imprisonment and hefty fines, to deter offenders.
3. **Jurisdiction**: The code clarifies the jurisdiction for cybercrime cases, allowing for trials to be conducted in any location where the offense or its impact occurred.
4. **Data Protection**: It includes provisions for the protection of personal data and privacy, making unauthorized access, sharing, or misuse of data a punishable offense.
5. **Cyber Terrorism**: The code specifically addresses cyber terrorism, imposing severe penalties for acts that threaten national security or public order through digital means.
6. **Intermediary Liability**: It outlines the responsibilities of internet intermediaries, such as social media platforms, in preventing and reporting cybercrimes.
7. **International Cooperation**: The code facilitates international cooperation in investigating and prosecuting cybercrimes, recognizing the global nature of such offenses.
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### **Question 5: How does the Bhartiya Nagarik Suraksha Sanhita, 2023, address the issue of delays in the criminal justice system?**
**Answer:**
The **Bhartiya Nagarik Suraksha Sanhita, 2023** introduces several measures to address delays in the criminal justice system, including:
1. **Time Limits for Trials**: The code sets strict time limits for completing trials, ensuring that cases are resolved within a reasonable timeframe.
2. **Fast-Track Courts**: It proposes the establishment of fast-track courts for specific categories of cases, such as crimes against women and children, to expedite justice.
3. **Case Management**: The code emphasizes efficient case management, requiring courts to prioritize cases based on their urgency and complexity.
4. **Use of Technology**: It promotes the use of technology, such as video conferencing and electronic case management systems, to streamline court proceedings and reduce delays.
5. **Alternative Dispute Resolution**: The code encourages the use of alternative dispute resolution mechanisms, such as mediation and arbitration, to resolve cases outside the traditional court system.
6. **Witness Protection**: By ensuring the safety and cooperation of witnesses, the code aims to prevent delays caused by witness intimidation or non-appearance.
7. **Accountability**: Judges and prosecutors are held accountable for delays in case proceedings, with provisions for monitoring and reporting on case progress.
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These questions and answers provide a comprehensive overview of the key aspects of the **Bhartiya Nagarik Suraksha Sanhita, 2023** and **Bhartiya Nyay Sanhita, 2023**, making them suitable for the CS Executive (JIGL) exam preparation.