Home Minister Amit Shah said the three Bills will replace the colonial-era criminal laws, besides bringing in comprehensive changes to criminal justice system.
Published Dec 20, 2023 | 7:20 PM ⚊ Updated Dec 20, 2023 | 7:20 PM
Union Home Minister Amit Shah speaking in the Lok Sabha.
The Lok Sabha, on Wednesday, 20 December, passed three Bills to replace the colonial-era criminal laws — the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872 — by voice vote, amidst the suspension of 97 Opposition members from the House.
Union Minister Amit Shah introduced the three redrafted Bills — the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill — in the Lok Sabha last week.
Replying to a debate on the Bills in the Lok Sabha on Wednesday, Shah said that the proposed laws were framed after comprehensive consultations and that he had gone through every comma and full-stop of the draft legislation before bringing them before the House for approval.
He said that the existing criminal laws were reflective of the colonial mindset to punish and not impart justice.
“The three new Bills seek to establish a justice system based on Indian thinking… The three proposed criminal laws will free people from the colonial mindset and its symbols,” Shah said, before the Lok Sabha passed the Bills by voice vote.
Shah said the three Bills to replace the colonial-era criminal laws seek to bring comprehensive changes to the criminal justice system with a human-centric approach and a focus on imparting justice instead of imposing penalties.
Replying to a debate on the Bills Shah said the three proposed laws also have a clear definition of terrorism, scrap sedition as a crime, and introduce a new section titled “offences against the state”.
“For the first time, the criminal justice system will have the human touch. Till we repeal these old laws, we are still following laws made by the UK government. We still use English words like Her Majesty, British Kingdom, the crown, barrister, ruler after 75 years of independence,” Shah said.
The Home Minister said the colonial-era laws prioritised acts of “looting the treasury”, “uprooting rail tracks”, and “insult to the Crown” over crimes against women and children, human rights, border security, and the army.
The old laws had listed rape under Section 375-376, the new Bill has the crime listed under Section 63, murder was listed under Section 302 now it is Section 101, kidnapping was under Section 359, and now it is Section 136, Shah said.
Listing the features of the Bills, he said, “This Bill punishes mob lynching with death penalty. (Congress leader P) Chidambaram kept asking me what about mob lynching. He does not understand the BJP and our mentality. Why did you not penalise mob lynching during your rule? If one’s mind is Indian, you will understand the laws. If it is Italian, you won’t.”
The three Bills reflect the spirit of the Constitution…but those with an Italian mindset will never understand it,” he said in an apparent dig at the Opposition Congress.
Shah asserted that the three laws were based on justice, transparency, and fairness.
“This is the first government which has fulfilled the promises it has mentioned in its manifesto. We have revoked Article 370, removed AFSPA in 70 percent areas in the northeastern states, banned triple talaq, and given 33 percent reservation to women in Parliament,” he said.
The revised Bills have incorporated changes recommended by a parliamentary committee — a minimum of five amendments. It has also redefined terrorism.
The Bills specifically address offences that have emerged in recent decades, necessitating the formulation of new criminal procedures.
Certain provisions of the anti-terror law, the UAPA, have been incorporated into the revised Bharatiya Nyaya (Second) Sanhita Bill. It now broadens the definition of terrorism to include “economic security” and acts of terror in foreign countries, among other amendments.
“Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or any foreign country…,” it read.
In addition to triggering explosions, the revised Bill now deems the use of biological, radioactive, nuclear, or any other hazardous means, or any other methods likely to result in death, injury, damage, or destruction, as acts of terror.
The initial version of the Bill, presented in Parliament on 11 August, marked a notable development by formally defining terrorism within the general law, even though a specific legislation, the Unlawful Activities (Prevention) Act, (UAPA) 1967, already addressed this aspect.
The new Bill adds the caveat that an officer not below the rank of Superintendent of Police (SP) shall decide whether to register a case under this Sanhita or the UAPA Act, 1967.
“Disruption of any supplies or services essential to the life of the community in India or any foreign country; or damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material” will be seen as an act of terrorism as per the newly introduced Bill.
As per Section 113 of the reintroduced BNS Bill, the penalty for engaging in the mentioned activities is either capital punishment or life imprisonment.
These new provisions are anticipated to empower Indian security agencies to prosecute individuals involved in terrorism targeting Indian diplomatic establishments in foreign locations under the purview of general law. The agencies are now relying on specialised laws, such as the UAPA, for addressing such actions.
The Bills, tabled in August, were referred to a department-related Parliamentary Standing Committee on Home Affairs headed by Brij Lal. The panel submitted its reports on 10 November.
However, instead of amending the Bills as per the committee’s suggestions, the Union government chose to withdraw them. The government said in a statement that it would be reintroduced after making changes recommended by the Parliamentary Standing Committee.
The Bharatiya Nyaya (Second) Sanhita now comprises 358 sections. The first version had 356 sections with 175 sourced from the IPC with alterations, by which 22 Sections were proposed to be repealed, and 8 new Sections were introduced, reported Bar and Bench.
Notably, although the offence of ‘sedition’, which was kept in abeyance by the Supreme Court, has not been retained, a similar provision has been added to the proposed legislation. Section 152 punishes acts “endangering sovereignty, unity and integrity of India”.
The Bharatiya Nagrik Suraksha (Second) Sanhita now has 531 Sections. The first bill consisted of 533 Sections, out of which 150 were sourced from the CrPC after revisions, 22 Sections of the earlier CrPC were proposed to be repealed, and nine Sections were added.
The Bharatiya Sakshya Bill remains unchanged and has 170 Sections. Of these, 23 Sections have been sourced from the Indian Evidence Act with amendments, one Section is entirely new, and five Sections are proposed to be removed.
(With PTI inputs)
