Daily Current Affairs for UPSC CSE : 21st December 2023

Daily Current Affairs for UPSC CSE

Topics Covered

1. Criminal laws bills
2. Outcome of COP 28
3. Facts for Prelims

1 . Bills to Replace Criminal Laws

Context : The Lok Sabha on Wednesday passed three amended Bills that seek to repeal and replace criminal laws which date back to colonial times. This criminal law reform brings terrorism offences into a general crime law for the first time, drops the crime of sedition, and makes mob lynching punishable by death.

About the News

• The Bharatiya Nyaya (Second) Sanhita Bill (BNSS) will replace the Indian Penal Code, 1860; the Bharatiya Sakshya (Second) Bill (BSS) will replace the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha (Second) Sanhita Bill (BNSSS) will replace the Code of Criminal Procedure, 1898.

Bharatiya Nyaya (Second) Sanhita Bill (BNSS)

• The Bharatiya Nyaya (Second) Sanhita (BNS2) retains most offences from the IPC.  It adds community service as a form of punishment.
• Sedition is no longer an offence.  Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India.   
• The BNS2 adds terrorism as an offence.  It is defined as an act that intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people. 
• Organised crime has been added as an offence.  It includes crimes such as kidnapping, extortion and cyber-crime committed on behalf of a crime syndicate.  Petty organised crime is also an offence now.
• Murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal belief will be an offence with penalty life imprisonment or death, and with a fine.

Key changes in the BNS2

• Offences against the body: The IPC criminalises acts such as murder, abetment of suicide, assault and causing grievous hurt.  The BNS2 retains these provisions.  It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.  
• Sexual offences against women: The IPC criminalises acts such as rape, voyeurism, stalking and insulting the modesty of a woman.  The BNS2 retains these provisions.  It increases the threshold for the victim to be classified as a major, in the case of gangrape, from 16 to 18 years of age.  It also criminalises sexual intercourse with a woman by deceitful means or making false promises. 
• Sedition: The BNS2 removes the offence of sedition.  It instead penalises the following: (i) exciting or attempting to excite secession, armed rebellion, or subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering the sovereignty or unity and integrity of India.  These offences may involve exchange of words or signs, electronic communication, or use of financial means.     
• Terrorism: Terrorism includes an act that intends to: (i) threaten the unity, integrity, security or economic security of the country, or (ii) strike terror in the people or any section of people in India.  Punishment for attempting or committing terrorism includes: (i) death or life imprisonment, and a fine, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine.
• Organised crime: Organised crime includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate.  Attempting or committing organised crime will be punishable with: (i) death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine of at least five lakh rupees. 
• Mob lynching:  The BNS2 adds murder or grievous hurt by five or more people on specified grounds, as an offence.  These grounds include race, caste, sex, language, or personal belief.  The punishment for such murder is life imprisonment or death. 
• Rulings of the Supreme Court:  The BNS2 conforms to some decisions of the Supreme Court.  These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict. 

Key Issues

• Age of criminal responsibility is retained at seven years.  It extends to 12 years depending upon the maturity of the accused.  This may contravene recommendations of international conventions. 
• The BNS2 defines a child to mean a person below the age of 18.  However, for several offences, the age threshold of the victim for offences against children is not 18.  The threshold for minority of the victim of for rape and gangrape is different. 
• Several offences overlap with special laws.  In many cases, both carry different penalties or provide for different procedures.  This may lead to multiple regulatory regimes, additional costs of compliance and possibility of levelling multiple charges.
• The BNS2 removes sedition as an offence.  The provision on endangering the sovereignty, unity and integrity of India may have retained aspects of sedition. 
• The BNS2 retains the provisions of the IPC on rape and sexual harassment.  It does not consider recommendations of the Justice Verma Committee (2013) such as making the offence of rape gender neutral and including marital rape as an offence. 
• The BNS2 omits S. 377 of IPC which was read down by the Supreme Court.  This removes rape of men and bestiality as offences.

Bharatiya Sakshya (Second) Bill, 2023 (BSB2)

• The Bharatiya Sakshya (Second) Bill, 2023 (BSB2) replaces the Indian Evidence Act, 1872 (IEA).  It retains most provisions of the IEA including those on confessions, relevancy of facts, and burden of proof.
• The IEA provides for two kinds of evidence – documentary and oral.  Documentary evidence includes primary (original documents) and secondary (that proves the contents of the original).  The BSB2 retains the distinction.  It classifies electronic records as documents.
• Under the IEA, electronic records are categorised as secondary evidence.  The BSB2 classifies electronic records as primary evidence.  It expands such records to include information stored in semiconductor memory or any communication devices (smartphones, laptops). 
• The BSB2 expands secondary evidence to include: (i) oral and written admissions, and (ii) the testimony of a person who has examined the document and is skilled in the examination of documents.

Key changes proposed in the BSB2 include

• Documentary evidence:  Under the IEA, a document includes writings, maps, and caricatures.  The BSB2 adds that electronic records will also be considered as documents.  Documentary evidence includes primary and secondary evidence.  Primary evidence includes the original document and its parts, such as electronic records and video recordings.  Secondary evidence contains documents and oral accounts that can prove the contents of the original.  The BSB2 retains this classification. 
• Oral evidence: Under the IEA, oral evidence includes statements made before Courts by witnesses in relation to a fact under inquiry.  The BSB2 allows oral evidence to be given electronically.   This would permit witnesses, accused persons, and victims to testify through electronic means.
• Admissibility of electronic or digital records as evidence: Documentary evidence includes information in electronic records that have been printed or stored in optical or magnetic media produced by a computer.  Such information may have been stored or processed by a combination of computers or different computers.  The BSB2 provides that electronic or digital records will have the same legal effect as paper records.  It expands electronic records to include information stored in semiconductor memory or any communication devices (smartphones, laptops).  This will also include records on emails, server logs, smartphones, locational evidence and voice mails. 
• Secondary evidence:  The BSB2 expands secondary evidence to include: (i) oral and written admissions, and (ii) the testimony of a person who has examined the document and is skilled to examine the documents.  
• Joint trials: A joint trial refers to the trial of more than one person for the same offence.  The IEA states that in a joint trial, if a confession made by one of the accused which also affects other accused is proven, it will be treated as a confession against both.  The BSB2 adds an explanation to this provision.  It states that a trial of multiple persons, where an accused has absconded or has not responded to an arrest warrant, will be treated as a joint trial.

Key issues

• The Supreme Court has recognised that electronic records may be tampered with.  While the BSB2 provides for the admissibility of such records, there are no safeguards to prevent the tampering and contamination of such records during the investigation process.  
• Currently, electronic records must be authenticated by a certificate to be admissible as documents.  The BSB2 retains these provisions for admissibility.  The BSB2 also classifies electronic evidence as documents (which may not need certification).  This creates a contradiction.
• Under the IEA, a fact discovered due to information received from an accused in police custody may be provable.  The BSB2 retains this provision.   Courts and Committees have noted that facts may be discovered in police custody by coercion, without adequate safeguards.
• The IEA (and the BSB2) allows such information to be admissible if it was obtained when the accused was in police custody, but not if he was outside.  The Law Commission recommended to remove this distinction.
• The Law Commission has made several recommendations, which have not been incorporated.  These include the presumption that the police officer caused the injuries if an accused was injured in police custody.

Bharatiya Nagarik Suraksha (Second) Sanhita Bill (BNSSS)

• The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) seeks to replace the Criminal Procedure Code, 1973 (CrPC).  The CrPC provides for the procedure for arrest, prosecution, and bail. 
• The BNSS2 mandates forensic investigation for offences punishable with seven years of imprisonment or more.  Forensic experts will visit crime scenes to collect forensic evidence and record the process.
• All trials, inquiries, and proceedings may be held in electronic mode.  Production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial.
• If a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, the trial can be conducted and judgement pronounced in his absence. 
• Along with specimen signatures or handwriting, finger impressions and voice samples may be collected for investigation or proceedings.  Samples may be taken from a person who has not been arrested.

Key changes proposed include:

• Detention of undertrials:  As per the CrPC, if an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond.  This does not apply to offences punishable by death.  The BNSS2 adds that this provision will also not apply to: (i) offences punishable by life imprisonment, and (ii) persons against whom proceedings are pending in more than one offence.
• Medical examination:  The CrPC allows medical examination of the accused in certain cases, including rape cases.  Such examination is done by a registered medical practitioner on the request of at least a sub-inspector level police officer.  The BNSS2 provides that any police officer can request such an examination.
• Forensic investigation:  The BNSS2 mandates forensic investigation for offences punishable with at least seven years of imprisonment.  In such cases, forensic experts will visit crime scenes to collect forensic evidence and record the process on mobile phone or any other electronic device.  If a state does not have forensics facility, it shall utilise such facility in another state.
• Signatures and finger impressions:  The CrPC empowers a Magistrate to order any person to provide specimen signatures or handwriting.  The BNSS2 expands this to include finger impressions and voice samples.   It allows these samples to be collected from a person who has not been arrested.
• Timelines for procedures:  The BNSS2 prescribes timelines for various procedures.  For instance, it requires medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days.  Other specified timelines include: (i) giving judgement within 30 days of completion of arguments (extendable up to 45 days), (ii) informing the victim of progress of investigation within 90 days, and (iii) framing of charges by a sessions court within 60 days from the first hearing on such charges.
• Hierarchy of Courts:  The CrPC establishes a hierarchy of courts for the adjudication of criminal matters in India. These courts include: (i) Magistrate’s Courts: subordinate courts responsible for the trial of most criminal cases, (ii) Sessions Courts: presided over by a Sessions Judge and hear appeals from Magistrate’s Courts, (iii) High Courts: have inherent jurisdiction to hear and decide criminal cases and appeals, and (iv) Supreme Court: hear appeals from High Courts and also exercise its original jurisdiction in certain matters.  The CrPC empowers the state governments to notify any city or town with a population of more than one million as a metropolitan area.  Such areas have Metropolitan Magistrates.  The BNSS2 removes the classification of metropolitan areas and Metropolitan Magistrates.

Key Issues

• The BNSS2 allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody.  This may lead to denial of bail for the entire period if the police has not exhausted the 15 days custody.
• The power to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act.
• The CrPC provides for bail for an accused who has been detained for half the maximum imprisonment for the offence.  The BNSS2 denies this facility for anyone facing multiple charges.  As many cases involve charges under multiple sections, this may limit such bail.
• The use of handcuffs is permitted in a range of cases including organised crime, contradicting Supreme Court directions.
• The BNSS2 retains provisions of the CrPC related to maintenance of public order.  Since trial procedure and maintenance of public order are distinct functions, the question is whether they should be regulated under the same law or be dealt with separately. 
• Recommendations of high level committees on changes to the CrPC such as reforms in sentencing guidelines and codifying rights of the accused have not been incorporated in the BNSS2.

2 . Outcome of COP 28

Context : The 28th session of the Conference of the Parties (COP) — an annual convening of countries signatory to the United Nations Framework Convention on Climate Change (UNFCCC) — happened in Dubai this year, with high expectations that countries would take concrete steps to address the climate crisis. The negotiations encompassed mitigation efforts, adaptation strategies, financing mechanisms, and the role of developed countries versus developing nations in climate action. The summit ended with progress on certain fronts but lingering challenges on others.

What happened with respect to the loss and damage fund?

• In a historic decision, the fund was operationalised at COP-28. However, only a meagre $790 million has been pledged so far, by a few nations, despite the corpus requiring $100 billion to more than $400 billion a year.
• U.S. the largest historical emitter, committed only $17.5 million. Moreover, the World Bank was designated to oversee and administer the fund. But concerns originating from the experiences of developing countries with the World Bank related to questions about legal autonomy, flexibility, and decision-making authority, and general scepticism about the fund’s agility in responding promptly to emergencies, have emerged.
• There is also a prevailing sentiment among countries that the communities affected by climate-related disasters should be able to directly access funding, preferably in the form of grants and not loans.

What about the global stocktake?

• This year’s COP summit saw the first global stocktake (GST). According to the UNFCCC, the GST “enables countries and other stakeholders to see where they are collectively making progress towards meeting the goals of the Paris Agreement — and where they are not”.
• The decision of countries’ at COP-28 to transition away from fossil fuels was coupled with the ambition to triple renewable energy capacity by 2030. More than 20 countries also pledged to triple their nuclear energy capacity.
• However, the transition from fossil fuels is restricted to energy systems alone; they can continue to be used in the plastics, transport, and agriculture sectors. The declaration also refers to ‘transitional fuels’, such as natural gas, for ensuring energy security. But this falls short of true climate justice as it allows industries to continue operating in the business-as-usual mode.
• Further, while the declaration called for accelerated climate mitigation, it alluded to unproven and risky technologies such as carbon capture and storage (CCS) and carbon removal. The former enables users of fossil fuels to prevent their emissions from entering the atmosphere by capturing the emissions at the source and storing them permanently underground.

What about green finance?

• The COP-28 also witnessed the establishment of innovative global green-finance mechanisms to support developing nations in their transition to sustainable practices.
• The Green Climate Fund received fresh support of $3.5 billion, allowing it to finance adaptation and mitigation projects in vulnerable regions.
• An additional $188 million was pledged to the Adaptation Fund. New partnerships between public and private sectors were forged to mobilise investments in renewable energy, sustainable agriculture, and infrastructure.
• The COP-28 Presidency also introduced ALTÉRRA, an investment initiative with an ambitious goal to globally mobilise an unprecedented sum of $250 billion by 2030.
• Despite these efforts, the available funds fall well short of the $194-366 billion annual funding requirement for adaptation, as estimated by the United Nations.

How did India fare at COP-28?

• The UAE declaration on climate and health came into being at COP-28 through a partnership of the COP-28 Presidency with the World Health Organization. It recognises the growing health impacts of climate change and acknowledges the benefits of climate action, including a reduction in air pollution and lowering the cost of healthcare.
• The declaration, signed by 123 countries, has collectively committed $1 billion to address the growing climate-health crisis. However, India didn’t sign this declaration because reducing greenhouse gas (GHG) emissions in the health sector would mean reduction in emissions from gases used for cooling.
• As India’s healthcare infrastructure is still growing, such a commitment could compromise the healthcare requirements of a growing population, particularly rural.
• The Global Methane Pledge launched at COP-26 received renewed attention at COP-28, with the Climate and Clean Air Coalition becoming the new secretariat and partners of the pledge announcing more than $1 billion in new grants for funding projects to reduce methane emissions from the agriculture, waste, and gas sectors. More than 150 countries signed the pledge to reduce methane pollution. India isn’t a signatory to this pledge because it shifts focus from carbon dioxide to methane, a GHG with a lower lifetime.
• Also, methane emissions in India are primarily from rice cultivation and enteric fermentation (livestock rearing), which support the livelihoods of small and marginal farmers.

What are the takeaways?

• The COP-28 outcomes had a lot of firsts, such as the declaration on climate and health, acknowledgement of the role of nature-based solutions for biodiversity conservation and climate, and the need to transition away from fossil fuels. Some 134 countries also agreed to a landmark declaration to transition to sustainable and resilient food systems.
• However, some challenges and differences between developed and developing countries remain to be addressed. One key issue of contention was fossil-fuel subsidies. While developed countries advocated for phasing them out, developing countries, including India, refused a phase-out over implications on economic growth and development.
• Such a phase-out also has social implications: several communities rely on fossil fuels (coal, in India’s case) for gainful employment. Moreover, emphasising the principle of common and differentiated responsibilities and the historical responsibility of developed countries for GHG emissions, developing countries argued for increasing the flow of climate finance and technologies to facilitate just job transitions and inclusive development.
• Some other contentious issues spanned market mechanisms, financial resource allocation, the role of the World Bank as the agency for managing the L&D fund, and private sector engagement in climate action.
• In sum, COP-28 is a mixed bag of outcomes. The commitment to ramp up renewable energy targets is a significant step forward — whereas issues on L&D metrics, fund management and disbursal, market mechanisms, risky technologies, the room left for continued use of fossil fuels in many sectors, and natural gas as a transitional fuel leave much to be desired.

3 . Facts for Prelims

Eyjafjallajokull Volcano

• Eyjafjallajökull volcano, subglacial volcano, southern Iceland, lying within the country’s East Volcanic Zone.
• Its name is derived from an Icelandic phrase meaning “the island’s mountain glacier,” and the volcano itself lies beneath Eyjafjallajökull (Eyjafjalla Glacier).

Disinflation

• Disinflation is a temporary slowing of the pace of price inflation.
• The term is used to describe occasions when the inflation rate has reduced marginally over the short term.
• Unlike inflation and deflation, which refer to the direction of prices, disinflation refers to the rate of change in the rate of inflation.

Cholera

• Cholera is a bacterial disease usually spread through contaminated water.
• A bacterium called Vibrio cholerae causes cholera infection. The deadly effects of the disease are the result of a toxin the bacteria produces in the small intestine.
• The toxin causes the body to secrete enormous amounts of water, leading to diarrhea and a rapid loss of fluids and salts (electrolytes).
• Cholera causes severe diarrhea and dehydration.

Sahitya Akademi awards

• Every year since its inception in 1954, the Sahitya Akademi Award prizes to the most outstanding books of literary merit published in any of the major Indian languages recognised by the Akademi.
• The award amount, which was Rs.5,000 since inception, had been enhanced to Rs.10,000 from 1983, Rs.25,000 from 1988, Rs.40,000 from 2001, Rs.50,000 from 2003 and is now Rs.1,00,000 from 2009. The first Awards were given in 1955.

Greenwashing

• Greenwashing is when firms or governments give a false impression that all of their products or activities are climate-friendly or help in reducing emissions. Moreover, greenwashing may also occur when a company highlights sustainable aspects of a product to overshadow its environmentally damaging activities.
• “Performed through the use of environmental imagery, misleading labels, and hiding tradeoffs, greenwashing is a play on the term ‘whitewashing,’ which means using false information to intentionally hide wrongdoing, error, or an unpleasant situation in an attempt to make it seem less bad than it is