The Satyug Act - Key Highlights

The proposed Satyug Act 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:

 

Expanding the Scope of Perjury and Related Offenses

1. Broadened Definition of Perjury: The act now includes statements “likely to mislead” and encompasses indirect falsehoods, making it easier to prosecute.

2. Right to Remain Silent: Accused must not be forced to commit further crime of perjury in interrogation or by themselves in self-defence.

3. Inclusion of Non-Judicial Settings: Perjury in non-judicial settings, such as legislative and executive submissions, is now punishable.

4. Direct Cognizance of Perjury: Courts can take direct cognizance of perjury, simplifying the process and removing procedural complexities.

5. Non-Bailable and Strictly Non-Compoundable Offence: Perjury is ranked as a more serious crime as it overpowers the entire justice delivery system.

6. Private Prosecution: Charges can be directly framed when sufficient prima-facie evidence is available for such private prosecution to be initiated.
    

Fast-Track Prosecution and Litigation Management

  7. Fast-Track Courts: Special courts are established for expedited trials of perjury cases, similar to those for cheque bounce cases.

  8. Protection of Participants: Enhanced measures for the protection of witnesses and other participants in judicial proceedings.
 

Professional Conduct and Litigation Ethics

  9. Duty of Due Care: Enhanced responsibilities for lawyers regarding the accuracy and purpose of legal documents.

  10. Safe Harbour Provision: Allows advocates to avoid sanctions by withdrawing or correcting challenged documents within 21 days.

  11. Sanctions for Misconduct: Imposes punitive measures for violations, including monetary penalties and professional record infractions.

  12. Contingent Fee contracts and Fee Shifting: In line with international laws, advocates should have the option to benefit and be rewarded from the righteous prosecution and thereby opening up the possibility of torts in future.
 

Enhanced Penalties and Deterrence

  13. Severe Penalties: Significant penalties for perjury and related offenses, including imprisonment and fines. Perjury is made a non-bailable and non-compoundable offense.

  14. Additional Pecuniary Penalties: Enhanced financial penalties for serious cases, determined by a regulatory committee of High Court judges.

  15. Reversal or Modification of Judgments: Allows for the modification of judgments influenced by perjury.

  16. Civil Suits for Damages: Victims of perjury can file separate civil lawsuits for damages incurred.

  17. Restitution and Punitive Damages: Courts can order restitution and punitive damages to deter future misconduct.

  18. Forfeiture of right to submit further evidence: Once perjury is established the unethical party shall not be allowed or trusted to lead evidence.
 

Transitional Provisions

  19. Repeal and Savings: Inconsistent provisions with this Act are repealed, and actions taken under repealed laws are deemed initiated under this Act.

  20. Amnesty Scheme: A one-time provision allowing individuals to withdraw or amend pleadings and statements within 60 days to ensure a fresh start.
 

Record Keeping and Oversight

  21. Statute of Limitations: Prosecution for perjury must commence within two years of the offense or its discovery.

  22. Implementation and Oversight: A Central Government-appointed committee will monitor the act’s implementation and suggest necessary amendments.

  23. Annual Reporting: Courts must maintain records of perjury cases and submit annual reports for legislative review.

 

These provisions collectively aim to enhance the integrity of the judicial process, deter perjury, and streamline the prosecution of such offenses, thereby reinforcing the administration of justice in India.