The Central Government of India recently introduced a revised set of criminal reform bills in the Lok Sabha, following the withdrawal of their earlier versions. Home Minister Amit Shah presented three key bills: ‘The Bharatiya Nyaya (Second) Sanhita, 2023‘, ‘The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023′, and ‘The Bharatiya Sakshya (Second) Bill, 2023‘. These bills are aimed at overhauling the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively, incorporating recommendations from the Parliamentary Standing Committee.
The Home Minister, while introducing the bills, stated that most changes are primarily grammatical. A detailed discussion on these bills is scheduled for December 14. The introduction of these revised bills comes after the Parliamentary Standing Committee on Home Affairs submitted its reports last month, suggesting various amendments.
Key recommendations from the committee include the introduction of a gender-neutral provision to criminalize adultery, following the Supreme Court’s 2018 decision to decriminalize the existing adultery law. The committee also recommended retaining a provision similar to Section 377 of the IPC to criminalize non-consensual homosexual acts. This suggestion has been made to address concerns regarding non-consensual sexual acts, irrespective of the gender of the individuals involved.
Additionally, the panel recommended provisions in the new CrPC bill to ensure the security of digital evidence. This recommendation comes in light of the increasing relevance of digital data in criminal proceedings. The committee also expressed concerns regarding the provision allowing police custody beyond the standard 15 days following an arrest. Another significant suggestion was that the modalities of online FIR (First Information Report) registration should be left to the discretion of individual States, recognizing the diverse needs and capabilities of different regions.
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These revised bills represent a significant step in modernizing India’s criminal justice system. They reflect an effort to align the legal framework with contemporary societal norms and legal principles, demonstrating the government’s commitment to reforming and updating the country’s legal infrastructure. The introduction of these bills, along with the incorporation of the committee’s recommendations, indicates a responsive approach to legal reform, taking into account diverse viewpoints and legal considerations.
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