The lower house (Lok Sabha) of the Indian Parliament passed the three revised criminal law bills, along with certain new amendments moved by Union Home Minister Amit Shah, on Wednesday, December 20. The three bills passed are the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second), and Bharatiya Sakshya (Second) Sanhita, which will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively. During the bill debate, Shah highlighted the clear definition of terrorism, the removal of sedition as a crime, and the introduction of a new section titled “offences against the state.”
Organized crime, terrorism, and murder committed by a group of five or more people based on caste, language, or personal beliefs have been added as offences. Moreover, Shah mentioned that there will be a rule allowing the death penalty for the crime of mob lynching.
One major concern of ordinary citizens with the old laws was the slowness of the justice system. Shah explained that under the new laws, the accused will have seven days to request acquittal. During this time, the judge must conduct the hearing, and within a maximum of 120 days, the case will go to trial.
The new criminal bill in India labels causing harm to a woman’s mental health as ‘cruelty.’ Shah mentioned that the earlier laws had a colonial mindset, and the updated laws will align with ‘Indian thinking.’
Shah explained, “The three new bills aim to create a justice system reflecting Indian thinking. These three proposed criminal laws aim to liberate people from colonial influences and their symbols. “This marks the first instance of the criminal justice system incorporating a humane approach. Despite 75 years of independence, we continue to follow laws established by the UK government, using English terms like Her Majesty, the British Kingdom, the crown, barrister, and ruler, until we replace these outdated laws,” he added.
The bills were passed despite the absence of 97 suspended opposition MPs during all the important proceedings. These three bills were initially presented in the House in August during the Parliament’s monsoon session.
The Bharatiya Nagrik Suraksha (Second) Sanhita will now consist of 531 Sections, a reduction from the 533 Sections in the first bill. The Bharatiya Sakshya Bill remains unaltered with 170 Sections, including 23 Sections have been sourced from the Indian Evidence Act.
