Parliament Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act
In a significant development during the winter session, the Rajya 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...
In a significant development during the winter session, the Rajya 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. These bills were cleared by the Lok Sabha yesterday.
On Thursday evening, the bills were passed through a voice vote after being moved by Union Home Minister Amit Shah. Delivering concluding remarks, Chairman Jagdeep Dhankar said, "These three bills which create history have been passed unanimously. They have unshackled the colonial legacy of our criminal jurisprudence that was hurtful to citizens of the country and favoured alien rulers."
These bills passed the parliament's lower house on Wednesday, amidst the suspension of 141 opposition Members of Parliament (MP) from both houses. 13 legislators were suspended from the Lok Sabha last week, and more than 80 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.
Highlights Of Bills Replacing IPC, CrPC & Evidence Act As Stated By Home Minister In Lok Sabha
Union Home Minister Amit Shah, however, defended the bills in both houses. He asserted that they marked a departure from the colonial-era criminal laws, shifting the focus from punishment and deterrence to justice and reformation. He also emphasised the bills' intent to place the citizen at the centre of the criminal justice system. The legislation's emphasis on digitisation, information technology, and the provision for mandatory videorecording of search and seizure procedures was highlighted by the minister, among other things.
Twitter thread with the updates from the discussion can be found here :
Home Minister 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.
The standing committee's recommendations also touched on other aspects of the three bills, such as a suggestion to include a provision in the Bharatiya Nagarik Suraksha Sanhita for the secure handling and processing of electronic and digital records acquired as evidence during the course of investigation, or amendment to ensure greater clarity in interpreting a clause allowing police custody beyond the first fifteen 15 days. While certain recommendations have been incorporated, others remain unchanged. Home Minister Shah have said that most of the changes are grammatical in nature.
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.