Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act

On the thirteenth day of the winter session, the Lok Sabha passed the three revised criminal law bills, namely, the Bharatiya Nyaya (Second) Sanhita, proposing to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, proposing to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian Evidence Act. 

The bills were passed along with certain new amendments moved by Union Home Minister Amit Shah. One of the amendments relate to giving exemptions to doctors in cases of death due to medical negligence.

These bills passed the parliament's lower house on Wednesday afternoon, amidst the suspension of 141 opposition Members of Parliament (MP) from both houses. 13 legislators were suspended from the Lok Sabha last week, and 82 over the last two days, adding to a growing list of disciplinary action initiated against lawmakers. The proposed criminal law bills have been under scrutiny, with concerns raised previously by opposition leaders such as Adhir Ranjan Choudhary and Senior Advocate Kapil Sibal, who have highlighted potential violations of human rights and the inadequacy of safeguards against excesses by law enforcement agencies. 

Also Read - Highlights Of Bills Replacing IPC, CrPC & Evidence Act As Stated By Home Minister In Lok Sabha

The members of the ruling Bharatiya Janata Party (BJP) and its allies, however, have defended the bills, saying that while the extant British-era criminal laws are centred around punishment and deterrence, the proposed bills shift the emphasis to justice and reformation, keeping with the changing needs of modern-day India. Endorsing the bills, Biju Janata Dal legislator Bhartruhari Mahtab reasoned during the debate on the bills, "It is imperative that our outlook is changed and that law and order is viewed outside the colonial lens."

BJP Member of Parliament (MP) Tejasvi Surya, representing the Bangalore South Lok Sabha constituency, also explained that the bills are an attempt to make the citizen the centre of the criminal justice system, and not the Crown, and formed a part of a conscious effort by the Prime Minister Narendra Modi-led government towards decolonisation of the country. "Swarajya has finally attained true meaning because our country is moving towards respecting swabhasha, swadharma, and swadesha," the legislator said. 

The bills' focus on digitisation and information and communication technology, among other things, gained the members' approval. "This is this age of communication and technology, and communication and technology is power," said senior advocate and former law minister Ravi Shankar Prasad. Prasad also hailed the provision for mandatory videorecording of search and seizure procedures, saying that it will check misuses. Other aspects that the legislators commended included the legislative effort to streamline and expedite the criminal justice system, in a bid to address the problems of deficiencies in investigation and court delays, and the wide ranging consultations that preceded the introduction of the three bills.

Ravi Shankar Prasad also highlighted the provisions of the bill allowing in absentia trial in cases where the accused have absconded.

Owing to the suspension of several opposition members, the three bills were passed by the Lok Sabha virtually unopposed. Dissenting voices were also conspicuously absent, apart from a handful of opposition members. Notably, All India Majlis-e-Ittehadul Muslimeen MP Asaduddin Owaisi raised concerns over the prejudice in the implementation of criminal laws against religious minorities and other vulnerable communities like Dalits and Adivasis. He also voiced his apprehensions about a provision in the Bharatiya Nagarik Suraksha Sanhita allowing police custody beyond 15 days, pointing to potential violation of civil liberties. Other aspects he touched upon included the non-inclusion of DK Basu guidelines, a prohibition on third parties from filing mercy petitions on behalf of death row prisoners, a bar on bail where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against an accused, and the lack of provisions penalising sexual assault against men and stalking of men. Further, he stressed that the provisions penalising terrorism could lead to misuse and questioned the government's attempt to reintroducing the offence of sedition without using this nomenclature, despite its undertaking to the Supreme Court.

Shiromani Akali Dal leader Harsimrat Kaur Badal alleged during the debate that the bills conferred powers on the police without adequate checks and balance, which will lead to their arbitrary use. Such arbitrary powers are against liberty, democracy, dissent, and opposition. "Here is a living example," she said, pointing to the absence of opposition members from the forum. Similarly, MP Simranjit Singh Mann called for the bills to be debated when the opposition members are present, objecting to the 'undemocratic practice' of debating the bills in their absence.

The concluding remarks were by Home Minister Shah, who began by insisting that not only were the bills in line with our constitutional principles and morality, but have also been designed keeping in mind future technological innovations. During his speech, he outlined the bills' key provisions. For instance, he said that the terrorism-related provisions reflected the governance's commitment to a policy of zero-tolerance towards terrorism, highlighting that the word 'terrorism' was defined for the first time under Indian law to ensure that no one can use loopholes to circumvent the judicial process. Notably, the home minister stressed the shift away from rajdroha to deshdroha in under the new penal code. He added, "While the Indian Penal Code penalises works against the government, the Bharatiya Nyaya Sanhita will only punish those who work against the nation. Such people must and will go to jail and be punished."

The criminal procedure laws, the minister said, were designed to maintain a fine balance between the powers of law enforcement and the rights of citizens. They are also meant to protect the interests of the accused and the victim alike, he explained. Again, with reference to the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill, he highlighted the emphasis on digitisation of the processes involved in the criminal justice system and on digital and electronic evidence. 

"We are about to eradicate all signs of the shackles of our colonial past and of our slavery and create completely Indian criminal laws. These laws embody the spirit of the Constitution of India, which is the spirit of justice, and will fulfil another promise made by Narendra Modi," Home Minister Shah said, as he appealed to the Lok Sabha members to pass the three bills. Live-updates from the discussion can be found here.

Home Minister Amit Shah introduced the three criminal law reform bills in the parliament's monsoon session, but they were later referred to the home affairs' standing committee. Last month, the panel submitted its reports on the proposed bills, suggesting various changes. For example, it recommended that the offence of adultery - struck down in 2018 by a constitution bench in the landmark Joseph Shine judgment on the ground that it was discriminatory towards women and perpetuated gender stereotypes - be retained in the Bharatiya Nyaya Sanhita after modifying it to make it gender neutral. The committee also recommended the retention of a provision similar to Section 377 of the Indian Penal Code to criminalise sexual offences against men, non-binary persons, and animals. 

On December 12, the Centre reintroduced the three revised criminal bills, including the BNSS, in the Indian parliament's lower house, withdrawing the previous versions introduced in August. 

Also Read - New Criminal Procedure Bill Ignores Parliamentary Panel's Concerns About Allowing Police Custody Beyond First 15 Days Of Remand

Click here to read the Bharatiya Nyaya Sanhita 2023 (new IPC) as passed by the Lok Sabha

Click here to read the Bharatiya Nagarik Suraksha Sanhita 2023 (new CrPC) as passed by the Lok Sabha

Click here read the Bharatiya Sakshya Bll 2023 (new Evidence Act) as passed by the Lok Sabha