In a historic move, the Lok Sabha has recently passed three crucial bills – the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill (BSB) 2023. These landmark legislations are set to replace the archaic Indian Penal Code-1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872.
Lok Sabha
Union Home Minister Amit Shah, while addressing the significance of these new criminal bills, emphasized their role in liberating the nation from a colonial mindset. Shah highlighted that the existing laws, including the IPC, CrPC, and Indian Evidence Act, were formulated during the English rule. Until their repeal, the influence of UK laws, with terms like Her Majesty, London Gazette, British Crown, and barrister terminology, persisted in India.
Shah asserted that the new criminal laws mark a departure from the colonial legacy, aligning them with the spirit of the Indian Constitution. Taking a dig at political rivals, particularly the Gandhis, Shah stated that, under the leadership of Prime Minister Modi, these laws represent a historic moment, breaking away from 150 years of legal tradition. He remarked that those who approach these changes with an Indian mindset would comprehend them, contrasting it with an alleged foreign mindset that would hinder understanding.
A key focus of the legislative overhaul is the redefinition and reorganization of various criminal offenses. Rape, which was previously governed by Section 375-376, now falls under Section 63. Similarly, murder, formerly under Section 302, is now addressed in Section 101, and kidnapping, which was covered by Section 359, is now classified under Section 136, reflecting a comprehensive restructuring of the legal framework.
One of the noteworthy aspects highlighted by Shah is the introduction of a clear definition of terrorism within the new laws. He emphasized that, for the first time, the Modi government is addressing the long-standing absence of a precise definition for terrorism in existing legislation. This move aims to prevent any exploitation of the legal vacuum and provide a robust legal foundation for dealing with terrorism.
Shah argued that the three bills collectively establish a justice system rooted in Indian thinking, moving beyond the colonial mindset of merely punishing for a crime without ensuring justice. The shift in perspective is expected to usher in a new era of legal practices that align with the principles enshrined in the Indian Constitution.
As the country embraces these transformative legislative changes, the debate over the implications and effectiveness of the new criminal laws is likely to unfold. The government’s focus on aligning the legal framework with the ethos of the Indian Constitution and breaking free from colonial-era laws marks a significant step towards modernizing and contextualizing the justice system in India.
