Union Home Minister, Amit Shah, recently emphasized that the three proposed bills aiming to revamp India’s criminal law are designed to ensure justice rather than mete out punishment. These bills, introduced by Shah on August 11 during the last day of the Monsoon Session, are set to replace the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 with the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023, respectively.
Speaking at a conference organized by the Bar Council of India, Shah remarked,
“The old laws were to strengthen the English rule to ensure they could rule well. They intended to punish, not ensure justice. The new laws don’t intend to punish, they intend to ensure justice.”
He further highlighted that these bills are devoid of any colonial influence and are deeply rooted in Indian ethos. Their primary objective, according to Shah, is to safeguard the constitutional, human, and personal rights of citizens.
Shah also pointed out the inclusion of a new provision addressing mob lynching and the removal of the sedition provision. However, the Bharatiya Nyaya Sanhita does introduce Clause 150, which, while not explicitly mentioning “sedition”, outlines provisions akin to Section 124A. This clause addresses actions that incite secession, armed rebellion, or other subversive activities.
In addition to the proposed bills, Shah announced three administrative initiatives: the e-courts phase 3, the Inter-operable Criminal Justice System (ICJS), and technology integration in law. He confidently stated that the amalgamation of these laws and initiatives would eradicate the backlog in the criminal justice system within a decade.
Among the key provisions of the proposed criminal laws is an expanded scope for summary trials in cases where the punishment doesn’t exceed three years. Shah also highlighted mandates for the police to present their challan before the court within seven days of the initial hearing, ensuring investigations conclude within 90 days of filing a chargesheet, and reserved judgments are pronounced within 30 days.
Emphasizing the need for further advancements like e-prosecution, e-presence, e-forensics, and e-courts, Shah conveyed that these reforms aim to make the criminal justice system more efficient and centered around the citizen. He also called upon lawyers nationwide to review these laws and offer valuable suggestions, emphasizing their insights as crucial for the effective implementation of these reforms.
Shah had previously informed the Lok Sabha that the drafting process of these laws involved extensive consultations with multiple stakeholders, including 18 States, 7 Union Territories, Supreme Court and High Court judges, law universities, Members of Parliament, Members of the Legislative Assembly, and the general public. This comprehensive effort spanned four years and included 158 meetings.