Published on Dec 26, 2023 by [email protected]
The President of India has given her assent to three criminal law bills that were recently passed by the parliament. These bills include the Bharatiya Nyaya (Second) Sanhita, which is set to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, which is proposed to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian Evidence Act.
The bills were passed in the Lok Sabha on December 20, 2023 and in the Rajya Sabha on December 21, 2023. Union Home Minister Amit Shah moved the bills in the Rajya Sabha, and they were passed unanimously through a voice vote. The Chairman of the Rajya Sabha, Jagdeep Dhankar, delivered concluding remarks, stating that these bills will unshackle the colonial legacy of India's criminal jurisprudence that has been hurtful to citizens of the country and favoured alien rulers.
These bills have been under scrutiny by opposition leaders who have raised concerns about potential violations of human rights and the inadequacy of safeguards against excesses by law enforcement agencies. However, Union Home Minister Amit Shah has defended the bills, stating that they mark a departure from the colonial-era criminal laws and focus on justice and reformation rather than punishment and deterrence.
The bills also emphasise digitisation, information technology, and the provision for mandatory video recording of search and seizure procedures. The standing committee has recommended various changes to the proposed bills, such as the retention of the offence of adultery and a provision similar to Section 377 of the Indian Penal Code to criminalize sexual offences against men, non-binary persons, and animals.
The revised bills were reintroduced in the Indian parliament's lower house on December 12, including the BNSS, withdrawing the previous versions introduced in August. While some recommendations have been incorporated, others remain unchanged. Home Minister Shah has stated that most of the changes are grammatical in nature.
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