Lok Sabha Passes Amendment Bills, An In-Depth Look at the New Criminal Law Bills
The Lok Sabha today in the 13th day of winter session, passed three landmark criminal law bills and this marks a significant turning point in India’s legal history. These bills, which aim to overhaul the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, introduce the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya (Second) Sanhita. This legislative move is a step towards modernizing and adapting India’s criminal justice system to the contemporary era.
Comprehensive Overview of the New Criminal Laws
Bharatiya Nyaya (Second) Sanhita: This bill proposes to replace the IPC. It signifies a shift in focus from punishment and deterrence, characteristic of the British-era laws, to justice and reformation. This change aligns with the evolving needs of modern India.
Notably, although the offence of ‘sedition’, which was kept in abeyance by the Supreme Court, has not been retained, a very similar provision has been added to the proposed legislation. Section 152 punishes acts ‘endangering sovereignty, unity and integrity of India.’
Organised crime, terrorism, and murder by a group of five or more on the basis caste, language or personal belief have been added as offences.The bill has been commended for its emphasis on digitization and the use of information and communication technology in the criminal justice system.
Bharatiya Nagarik Suraksha (Second) Sanhita: Seeking to replace the CrPC, this bill introduces 531 sections, expanding upon the initial bill’s 533 sections. It incorporates new concepts like timelines for mercy petitions, witness protection schemes, and the use of electronic modes for recording statements and collecting evidence.
The proposed code has ushered in new concepts like timelines for mercy petitions, a scheme for witness protection and permitting electronic modes for recording statements and collecting evidence. For offences punishable with imprisonment of seven years or more, forensic investigation has been made mandatory.
Another significant provision expands the scope of summary trials, specifically in cases where the punishment does not exceed three years. This streamlining of legal processes is aimed at expediting justice and ensuring a more efficient judicial system.
Moreover, the proposed law introduces stringent timelines for various procedural aspects. For instance, it mandates that the police must present their challan before the court within seven days of the first hearing. Furthermore, the legislation stipulates that investigation must conclude within 90 days of filing a chargesheet. Notably, judgments reserved are required to be pronounced within 30 days.
The bill also mandates forensic investigation for crimes punishable with imprisonment of seven years or more, and expands the scope of summary trials for cases with punishments not exceeding three years.
Bharatiya Sakshya (Second) Sanhita: This bill, set to replace the Indian Evidence Act, emphasizes the importance of digital and electronic evidence in the criminal justice process.
Notably, a few MPs, including Ramesh Bidhuri and Nishikant Dubey questioned the Supreme Court’s reading down of Section 377 of IPC and called for its reintroduciton. However, no such amendment was notified by the Home Minister.
Addressing the Lok Sabha when the first iteration of the bills was introduced, Amit Shah had stated that the process of drafting the three laws involved consultations with 18 states, 7 Union Territories, judges from the Supreme Court and High Courts, along with 22 law universities, 142 MPs, 270 MLAs, and numerous members of the public. This effort apparently spanned four years and encompassed a total of 158 meetings.
It includes provisions for mandatory video recording of search and seizure procedures, a move aimed at preventing misuse and enhancing transparency.
Key Quotes and Perspectives
Union Home Minister Amit Shah, placing the bill in Lok Sabha, stated,
“We are about to eradicate all signs of the shackles of our colonial past and create completely Indian criminal laws. These laws embody the spirit of the Constitution of India, which is the spirit of justice, and will fulfill another promise made by Narendra Modi.”
Shah’s remarks highlight the government’s intention to move away from the colonial legacy and adapt the legal framework to contemporary Indian needs.
Senior advocate and former law minister Ravi Shankar Prasad praised the bills’ focus on technology, saying,
“This is the age of communication and technology, and communication and technology is power.”
He hailed the provision for mandatory video recording of search and seizure procedures as a significant step towards checking misuse.
Debate and Opposition Concerns
The passage of these bills was not without controversy. The suspension of 141 opposition Members of Parliament (MPs) from both houses led to the bills passing virtually unopposed in the Lok Sabha. Opposition leaders, including Adhir Ranjan Choudhary and Kapil Sibal, raised concerns about potential human rights violations and the lack of safeguards against law enforcement excesses.
All India Majlis-e-Ittehadul Muslimeen MP Asaduddin Owaisi voiced apprehensions about the potential for prejudice in the implementation of these laws against religious minorities and other vulnerable communities. He also criticized provisions allowing police custody beyond 15 days and the reintroduction of the offence of sedition under a different guise.
In response, BJP Member of Parliament Tejasvi Surya, representing the Bangalore South Lok Sabha constituency, explained that the bills are an attempt to make the citizen the center of the criminal justice system, and not the Crown. He stated, “Swarajya has finally attained true meaning because our country is moving towards respecting swabhasha, swadharma, and swadesha.”
Conclusion and Future Outlook
The passage of these bills marks a pivotal moment in India’s legal history, signifying a move towards a more modern, technology-driven, and justice-oriented criminal justice system. However, the concerns raised by the opposition and the circumstances under which the bills were passed suggest that the debate over these transformative laws is far from over, indicating a complex future for their implementation and impact on Indian society.