The Rajya Sabha in the significant development during the winter session passed the three revised criminal law bills, namely, the Bharatiya Nyaya (Second) Sanhita, which is proposed to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, which is proposed to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian Evidence Act.
The Lok Sabha cleared the three bills on December 21, 2023.
The three bills were passed by the parliament’s lower house on Wednesday, amidst the suspension of 141 opposition Members of Parliament, MP from both houses. Last week, 13 legislators were suspended from the Lok Sabha and more than 80 over the last two days, adding to a growing list of disciplinary action which is initiated against lawmakers.
Therefore, 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 the potential violations of human rights and the inadequacy of safeguards against excesses by law enforcement agencies.
However, the Union Home Minister Amit Shah defended the three bills in both houses. The Union Home Minister Amit Shah 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.
Further, the legislation emphasized on digitisation, information technology, and the provision for mandatory videorecording of search and seizure procedures was highlighted by the minister, among other things.
The Union 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 wherein it suggested various changes which recommending 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 – it should be retained in the Bharatiya Nyaya Sanhita after modifying it to make it gender neutral. The standing committee also recommended the retention of a provision which is similar to Section 377 of the Indian Penal Code to criminalise sexual offences against men, non-binary persons, and animals.
Further, the recommendation made by standing committees 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.
Certain recommendation have been incorporated, others remain unchanged. The Home Minister Shah stated that most of the changes are grammatical in nature. The Centre reintroduced the three revised criminal bills on December 12, 2023 which includes the BNSS, in the Indian parliament’s lower house, withdrawing the previous versions introduced in August.