The Lok Sabha recently engaged in a significant discussion on three bills that propose to overhaul India’s criminal laws. These bills, namely the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya Bill, aim to repeal and replace the Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and the Indian Evidence Act 1872, respectively.
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Introduced by Union Home Minister Amit Shah during the monsoon session, the bills were initially referred to a parliamentary standing committee. After incorporating certain suggestions from the committee, the initial bills were withdrawn and reintroduced during the current session. Minister Shah noted that most changes from the first versions of the bills were grammatical in nature.
The discussion in the Lok Sabha took place following the suspension of 49 members of the Opposition. This suspension was part of a larger wave of disciplinary actions in the Parliament, which saw 33 Lok Sabha MPs and 45 Rajya Sabha MPs from the Opposition suspended on December 18, 2023, and an additional 13 Lok Sabha MPs and 1 Rajya Sabha MP suspended earlier on December 14, 2023, for the remainder of the Winter Session for “gross misconduct”.
During the discussion, BJP MPs expressed their support for the bills, with suggestions for enhanced punishment for various crimes, particularly those against women. BJP MP Jaskaur Meena highlighted the need for stricter penalties for crimes like getting married by concealing one’s true identity. Vishnu Dayal Ram, another BJP MP, suggested increasing the penalty for food adulteration and impersonating a government officer, noting that the existing penalties were set during British rule and reflected a mistrust towards the police force.
BJP MP Tejasvi Surya supported the bill, emphasizing its inclusion of punishment for sex under the false promise of marriage or job offers, which he said would protect vulnerable women. Senior BJP member Ravi Shankar Prasad praised the extensive consultation process for the bill, mentioning that letters were sent to all MPs, and a premier law university was made the nodal point for consultations with academicians, judges, retired judges, lawyers, and professors. He also highlighted the Bharatiya Suraksha Sanhita’s provision allowing in absentia trials against absconding accused and the introduction of ‘Zero FIR’, describing these as welcome changes that replace the colonial mindset of the IPC.
BJD MP Bhartruhari Mahtab also spoke in favor of the bills, emphasizing the need to view law and order outside the colonial lens and acknowledging the historical significance of enacting new laws for Indian criminal jurisprudence.
The discussion of these bills in the Lok Sabha marks a pivotal moment in the evolution of India’s criminal justice system, reflecting a shift towards modernizing the legal framework and addressing contemporary challenges in law enforcement and criminal prosecution.
