The Indian government has recently withdrawn three significant bills introduced in the Lok Sabha during the Monsoon session in August, aimed at overhauling the country’s criminal justice system. These bills, namely the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and the Bharatiya Sakshya Bill, 2023, were intended to replace three British-era laws: the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
Also read-Parliamentary Committee Proposes Key Amendments In New Criminal Law Bill (lawchakra.in)
The Bharatiya Nyaya Sanhita Bill comprised 356 sections, with 175 sourced from the Indian Penal Code (IPC) having undergone alterations, 22 being repealed, and 8 new sections introduced. The Bharatiya Nagarik Suraksha Sanhita Bill consisted of 533 sections, with 150 sourced from the Code of Criminal Procedure (CrPC) revised, 22 repealed, and 9 newly added. The Bharatiya Sakshya Bill contained 170 sections, including 23 amended sections sourced from the Evidence Act, 1 entirely new section, and 5 sections removed.
These bills were referred to a select committee of Parliament for detailed evaluation, with a directive to submit its report within three months. Union Home Minister Amit Shah, during the introduction of the bills, emphasized that the focus of these new laws was to provide justice, not punishment. He stated,
“The focus of the existing laws was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the three new laws will bring the spirit to protect the rights of the Indian citizen.”
In a related development, the Supreme Court, in its judgment on Article 370, clarified that amendments to substantive provisions of the Constitution cannot be made through executive notifications but must follow the procedure prescribed under Article 368. This involves passing an amendment bill in Parliament with the required majority. The Court invalidated a portion of Constitution Order 272, which had amended Article 367 to facilitate the abrogation of Article 370, stating that such amendments cannot bypass the stipulated procedure.
The withdrawal of these three bills and the Supreme Court’s ruling on constitutional amendments highlight the complexities of legal and constitutional reforms in India. The government’s decision to redraft the bills based on the parliamentary committee’s recommendations reflects a commitment to thorough legislative scrutiny and the importance of following constitutional procedures in implementing legal changes.
