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How do the proposed Bills, Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill, and Bharatiya Sakshya Bill, address the modern concepts of jurisprudence in the criminal justice system?

Topic: Governance: Criminal Justice System

Q3. How do the proposed Bills, Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill, and Bharatiya Sakshya Bill, address the modern concepts of jurisprudence in the criminal justice system? (15M)

Difficulty level: Moderate

Reference: The Hindu

Why the question:

Recently, the Government has introduced three Bills to replace the core laws, i.e., the Indian Penal Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act (IEA), 1872, which form the basis of the criminal justice system

Key Demand of the question:

To examine the new bills and how they try to uphold modern concepts of jurisprudence in the criminal justice system.

Modern concepts of jurisprudence in the criminal justice system focus on reformative approaches, community involvement, and aligning laws with contemporary societal norms. They emphasize fairness, justice, and efficiency in legal processes.

 Structure of the answer:

 Introduction:

Briefly introduce the Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill, and Bharatiya Sakshya Bill, emphasizing their significance in the criminal justice system.

Body:

Briefly highlight with examples the issues with the present criminal justice system in India.

Next, provide a concise overview of each bill, highlighting key provisions and their intended impact on the criminal justice system.

Analyze the provisions of these bills in the context of modern jurisprudential perspectives on citizens’ safety and security; principles of human rights, proportionality, and due process.

Write a few limitations.

Conclusion:

Suggest briefly a few improvements in the proposed bill.