Government Withdraws Three Criminal Laws, Replaces Them With New Drafts

Central government introduces three new criminal law bills in the Parliament to replace the British-era laws following the recommendation of the parliamentary standing committee. The three bills along with two other bills on reservation for women in Assemblies of Union Territories of Jammu and Kashmir and Puducherry, are also expected to be tabled on Tuesday by Union minister Amit Shah in Lok Sabha.

The three laws criminal codes which are Bharatiya Sakshya Bill,2023, Bharatiya Nyaya Sanhita (BNS),Bill, 2023, and the Bharatiya Nagarik Surakha Sanhita (BNSS) Bill, 2023 will replace the existing Indian Evidence Act, 1872, Indian Penal Code, 1860, and Code of Criminal Procedure, 1898, which were introduced in the Parliament on August 11.

The Bills were earlier referred to the Department- Parliamentary Standing Committee on Home Affairs on August 18 and the committee was asked to send the report within three months, reports India Today.

During the introduction of the bill in Lok Sabha, Amit Shah asserted that the focus of the bill is to provide justice and not punishment. “The focus of the existing laws was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the three new laws will bring the spirit to protect the rights of the Indian citizen,” he said.

In the statement of withdrawal, Amit Shah said to make comprehensive amendments to the Indian Penel Code, 1860, the Bharatiya Nyaya Sanhita Bill, 2023, was introduced in the Lok Sabha on August 11 to repeal and replace the IPC. This bill was then referred to the department- Parliamentary Standing Committee on Home Affairs on August 18 for consideration.

The Bharatiya Sakshya Bill, 2023 retains most of the provisions of the Indian Evidence Act including confessions, relevancy of facts, and burden of proof. Electronic records which were classified as secondary evidence will now be taken under primary evidence as per the new bill.

The Bharatiya Nyaya Sanhita (BNS) retain most of the offences classified under IPC but sedition is no longer considered to be an offense. BNS will consider terrorism as an offence. Any act that intend to threaten the unity, integrity and security of the country will be considered as an act of terrorism.

Bharatiya Nagarik Surakha Sanhita will replace the Criminal Procedure Code, 1973 which provides for the procedure for arrest, prosecution, and bail. The new bill amends provisions on bail, expands the scope of property seizure, and alters powers of police and Magistrates.