The colonial-era Indian criminal laws may soon be replaced as the Narendra Modi government on Friday introduced three Bills that will completely overhaul the present system. According to the proposal, community service can be used a punishment. Besides, technology and forensic sciences in investigation, service of summons through electronic mode, and admissibility of electronic and digital record can be used as evidence.
Presenting the Bills in Lok Sabha, Union home minister Amit Shah asserted that the proposed laws will transform the country’s criminal justice system and bring the spirit to protect the rights of the Indian citizen at the centre stage.
He introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively and said the changes were done to provide speedy justice and creating a legal system that keeps contemporary needs and aspirations of the people.
I can assure the House that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime, Amit Shah said.
He noted that the laws made by Britishers were full of signs of slavery aimed at punishing those opposed to their rule.
Provisions of the Bharatiya Nyaya Sanhita Bill
• The BNS Bill has provisions that seek to repeal sedition, and award maximum capital punishment for crimes such as mob lynching and rape of minors, the Home Minister said.
• The BNS Bill also has provisions to provide first-time community service as one of the punishments for petty offences.
• The Bill also lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India.
• The minister said the focus of the laws that will be repealed was to protect and strengthen the British administration, the idea was to punish and not to deliver justice. “The new three laws will bring the spirit to protect the rights of the Indian citizen at the centre stage,” he said.
• The offences against women and children, murder and offences against the State have been given precedence, Shah said, adding that various offences have been made gender-neutral.
“The experience of seven decades of Indian democracy calls for comprehensive review of our criminal laws, including the Code of Criminal Procedure and adopting them in accordance with the contemporary needs and aspirations of the people,” said the statement of object for the BNSS Bill.
It said the government’s mantra was “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” and it was committed to ensuring speedy justice to all citizens in conformity with these constitutional democratic aspirations.
“The government is committed to making a comprehensive review of the framework of criminal laws to provide accessible and speedy justice to all…”it added.
(With inputs from PTI)
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