Criminal Law Bills : The lower house of the parliament has passed the criminal laws bills that would replace the colonial-era criminal laws. Now these bills are to be presented in the Rajya Sabha.A total of 97 opposition MPs remained absent during the discussion on the Criminal Amendment Bills and the reply of Home Minister Amit Shah.
The criminal bills passed today are the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023. These three bills will replace the Indian Penal Code of 1860, Code of Criminal Procedure (CrPC) of 1973 and Indian Evidence Act, of 1872.
New provisions related to terrorism, crimes against women, treason and mob lynching were introduced in the new law. These three bills – Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023 were introduced in the Lok Sabha by Home Minister Amit Shah last week.
Replying to the discussion in Lok sabha Amit said that for the first time, changes have been made in the three laws governing the nearly 150 years old criminal justice system, concerning Indianness, the Indian Constitution and the people of India. He said that the purpose of the Indian Penal Code made in 1860 was not to give justice but to give punishment.
He said that now the Bharatiya Nyaya Sanhita, 2023 will replace Indian Penal Code (IPC), the Bharatiya Nagarik Suraksha Sanhita will replace Criminal Procedure Code (CrPC) and the Bharatiya Sakshya bill will replace the Indian Evidence Act, 1872 and these laws will be implemented across the country after getting the approval of this House. He said that these three laws made with the Indian soul will bring a huge change in our criminal justice system.
Amit Shah said that a total of 3200 suggestions were received regarding these laws and he himself held 158 meetings to consider these three laws. He said that on August 11, 2023, these three new bills were sent to the Standing Committee of the Home Ministry for consideration. He said that forensic science has been given a lot of importance in these laws. In order to ensure speedy justice through these laws, there are prescribed time limits for the police, lawyers and judges.
Bharatiya Nagarik Suraksha Sanhita, which will replace CrPC, which has a total of 484 sections, will now have 531 sections. 177 sections have been changed, 9 new sections have been added and 14 sections have been repealed.
The Bharatiya Nyaya Sanhita, which will replace the IPC, will now have 358 sections instead of the earlier 511 sections. 21 new offences have been added in it, the term of imprisonment has been increased in 41 offences, the penalty has been increased in 82 offences, mandatory minimum punishment has been introduced in 25 crimes, there are provisions of community service as a punishment in 6 crimes and 19 sections have been repealed.
Similarly, the Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167, 24 sections have been amended, 2 new sections have been added and 6 sections have been repealed.
Amit Shah said that in the Bharatiya Nyaya Sanhita, priority has been given to crimes related to human and body, like – rape, gangrape, crime against children, murder, kidnapping and trafficking etc. He said that we have replaced sedition with treason. Home Minister said that no one can speak against this country and no one can harm its interests.
The union Home minister said there is a provision for life imprisonment and death penalty for the crime of rape of a woman under 18 years of age. He said that in cases of gangrape, there is a provision of imprisonment of 20 years or imprisonment till death.