Lok Sabha Passes Three Pivotal Criminal Law Amendment Bills Amid Absence of 97 Suspended MPs

Overview: In a significant legislative move, the Lok Sabha on Wednesday successfully passed three critical bills aimed at reforming the nation's criminal laws. The session, marked by the notable absence of 97 suspended opposition MPs, saw the approval of the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya Bill.

Landmark Reforms Aim to Overhaul India's Criminal Justice System

Comprehensive Overhaul of Criminal Laws

Introduced initially during the monsoon session on August 11, 2023, these bills propose to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. After thorough scrutiny by a Parliamentary Standing Committee on Home Affairs, chaired by Brij Lal, the revised bills were presented and passed.

Bharatiya Nyaya (Second) Sanhita

The Bharatiya Nyaya (Second) Sanhita, now encompassing 358 sections, has undergone significant revisions from its first version. While it retains much from the IPC, including alterations and repeals, a contentious move is the exclusion of the 'sedition' offence. Instead, a new provision penalizing acts against India's sovereignty, unity, and integrity has been introduced.

Bharatiya Nagarik Suraksha (Second) Sanhita

With 531 sections, this bill represents a major revision of the CrPC. It introduces innovative concepts like timelines for mercy petitions, a witness protection scheme, and the adoption of electronic modes for evidence collection. Additionally, forensic investigation is mandated for serious offences, reflecting a modern approach to criminal procedure.

Bharatiya Sakshya Bill

Remaining largely unchanged, the Bharatiya Sakshya Bill with its 170 sections, integrates aspects of the Indian Evidence Act. This includes amendments to existing sections and the introduction of new provisions aimed at refining evidence collection and presentation in court.

Addressing Concerns of a Police State

The sweeping changes have sparked concerns about India transforming into a police state. However, the Minister reassured that while the police are granted additional powers, certain existing powers are being restricted to maintain a balance.

It is precisely to avoid the emergence of a police state that these reforms are essential," stated Shah, addressing the apprehensions head-on.

A Historic Legislative Step

The passing of these bills marks a historic step in India's legal landscape, aiming to modernize and streamline the criminal justice system. While the absence of a significant portion of the opposition raises questions about the parliamentary process, the government maintains that these reforms are crucial for the nation's progress.