December 12, 2023
Overview: The government has withdrawn the three new bills, which were presented in the Lok Sabha in August to reform the criminal justice system. Instead, the Centre plans to draft fresh bills with amendments, aligning them with the suggestions put forth by the parliamentary standing committee.
The Centre has withdrawn the three newly proposed criminal law bills in the Lok Sabha, aimed at overhauling the nation's criminal justice system. This move comes in response to recommendations from the parliamentary standing committee.
Revised versions of these bills will be formulated, incorporating the suggestions made by the committee.
The three bills in question, namely the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and the Bharatiya Sakshya Bill, 2023, were initially presented in Parliament during the Monsoon Session on August 11. They were intended to replace three British-era laws, namely the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.
When introducing the bills in the Lok Sabha, Union Home Minister Amit Shah emphasized that the primary aim of these bills is to ensure justice rather than merely punishment.
He stated, "The existing laws were originally designed to safeguard and bolster the British administration, primarily geared toward punishment rather than the delivery of justice. With the introduction of these three new laws, our intent is to instill a spirit that upholds the rights of Indian citizens."
In the previous month, the Committee submitted its findings concerning the proposed bills, proposing several amendments. One notable recommendation was to introduce a gender-neutral provision criminalizing adultery, a concept previously invalidated by the Supreme Court in 2018. Additionally, the committee recommended retaining a provision akin to Section 377 of the Indian Penal Code to criminalize non-consensual homosexual acts.
The Bharatiya Nyaya Sanhita encompasses 356 sections, with 175 drawn from the IPC, undergoing modifications, 22 sections repealed, and the introduction of 8 new sections.
In the case of the Bharatiya Nagrik Suraksha Sanhita, it comprises 533 sections, with 150 derived from the CrPC, subject to revisions, 22 sections repealed, and 9 newly incorporated sections.
As for the Bharatiya Sakshya Bill, it includes 170 sections, with 23 sections sourced from the Evidence Act being amended, 1 section being entirely new, and 5 sections removed.
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