Key Highlights of the Bill
The proposed Bill introduces several key changes aimed at improving the justice system compared to the existing Bharatiya Nyaya Sanhita, 2023: (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Here are the main highlights:
Simplification of procedure to facilitate perjury prosecution
1. Direct Cognizance of Perjury: Courts can take direct cognizance of perjury, simplifying the process and removing procedural complexities mentioned in section 215 and 379 of BNSS.
2. Private Prosecution: Charges can be directly framed when sufficient prima-facie evidence is available for such private prosecution to be initiated.
Omnibus clause of false statement and obstruction of justice to include a wide range of offences
Creating a single, comprehensive offence covering deliberate false statements and obstruction in all judicial, investigative and quasi-judicial proceedings.
Strict Punishment for obstruction and false evidence
Provides enhanced penalties, including higher sentences for aggravated or repeated perjury, to deter deliberate false evidence on oath.
Plea-Bargaining and Sentencing Guidelines
1. A structured sentence-discount based plea-bargaining framework linked to clear sentencing guidelines and defined timelines.
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where the application for plea-bargaining is accepted within 90 days of when the notice of plea bargaining is served before the framing of charges, the punishment or fine imposed shall not exceed one-fourth of the punishment or fine prescribed;
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where the application for plea-bargaining is accepted within 60 days of when the notice of plea bargaining is served before the closure of prosecution evidence, the punishment or fine imposed shall not exceed half of the punishment or fine prescribed.
2. Only the accused, legal representative of accused with permission of court comes to plea-bargaining agreement; no consent of victim is required.
3. No application for plea-bargaining will be accepted after closure of prosecution evidence.
Safe Harbour
Gives parties a defined window to correct or withdraw inaccurate pleadings or statements without criminal consequences, subject to strict conditions.
Record Keeping and Reporting by Department of Justice
Mandates systematic collection, consolidation and reporting of perjury, obstruction and plea-bargaining data by courts and the Department of Justice.
Amnesty for Pending Cases
Provides a one-time, time-bound mechanism for parties in existing cases to make full disclosure and regularise past misstatements under judicial oversight.