Amid Suspension Row, Criminal Code Bills To Replace IPC, CrPC & Evidence Act Get Rajya Sabha Nod

Rajya Sabha cleared the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill.

Union Home Minister Amit Shah speaks in the Rajya Sabha during the Winter session of Parliament.

Source : PTI

New Delhi: Amid protests over the mass suspension of Opposition members, the Rajya Sabha on Thursday cleared the revised set of draft legislations which seek to overhaul the existing legal framework for India’s criminal justice system.

The three criminal justice Bills — the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill — that were passed in Lok Sabha on Wednesday were taken up for consideration and passage in the Rajya Sabha.

The three draft legislations seek to replace the Indian Penal Code, 1860; the Code of Criminal Procedure Act, 1898; and the Indian Evidence Act of 1872, respectively.

The Bills now await the Presidential assent before they become laws.

Taking to X, Prime Minister Narendra Modi wrote, "The passage of Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 is a watershed moment in our history. These Bills mark the end of colonial-era laws. A new era begins with laws centered on public service and welfare."

The passage of Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 is a watershed moment in our history. These Bills mark the end of colonial-era laws. A new era begins with laws centered on public service and welfare.

— Narendra Modi (@narendramodi) December 21, 2023

It is to be noted that the draft legislations were first tabled during the Monsoon Session of Parliament in August. However, they were revised with the recommendations of a parliamentary panel and tabled during the Winter Session.

Union Home Minister Amit Shah had said that the process of drafting the legislations afresh was initiated after consultations with 18 states, seven UTs, judges from the Supreme Court and High Courts, 22 law universities, 142 MPs, 270 MLAs and several members of the public. The process took four years and involved 158 meetings.

2019 में राज्यपालों, मुख्यमंत्रियों, उपराज्यपालों, प्रशासकों को पत्र लिखे। 2020 में मुख्य न्यायाधीशों (हाईकोर्टों व सर्वोच्च न्यायालय), बार काउंसिल, विश्वविद्यालयों को पत्र लिखा। 2021 में सभी सांसदों, IPS, जिला कलक्टर को पत्र लिखे। 4200 सुझावों को लेकर ये कानून बना हैः @amitshah pic.twitter.com/bY87kcuG3t

— SansadTV (@sansad_tv) December 21, 2023

Under the Bharatiya Nyaya Sanhita, the term 'Terrorist Act' has been defined as activities that threaten the country’s national unity, sovereignty, and economic stability. The 'sedition' charge has been replaced with acts endangering the nation's integrity.

"धोखे से यौन संबंध बनाने या विवाह करने वाले व्यक्तियों के लिए कठोर दंड का प्रावधान किया है।

113(1) में हमने टेररिज्म का डेफिनिशन दिया है। इसका दुरुपयोग होने की कोई गुंजाइश नहीं छोड़ी है।"#RajyaSabha में गृह मंत्री @AmitShah pic.twitter.com/OlBFWL0KCY

— SansadTV (@sansad_tv) December 21, 2023

'Mob lynching' has been categorised as a severe offence in the new Bill.

Provisions for 'Zero FIR' registration, mandatory victim updates on probe within 90 days and conducting electronic mode trials have been introduced.

READ | IPC, CrPC, Indian Evidence Act Now History. What You Should Know On India's New Criminal Laws

Key changes also include introduction of Section 73 (publishing court proceedings without permission) and Section 86 (redefining cruelty) in the BNS. Section 73 imposes penalties for printing or publishing court proceedings related to rape or sexual assault without permission, and Section 86 defines cruelty as actions that may drive a woman to suicide or cause grave injury.

Also, the term "mental illness" has been replaced with "unsound mind”.

Meanwhile, the Congress slammed the government for having the Bills passed in Lok Sabha without any “informed dissent”.

Taking to X, Congress leader Jairam Ramesh wrote, “Tomorrow he (Amit Shah) will get them passed in the Rajya Sabha too without any different viewpoint expressed on them by the best legal minds. Now you know why 144 INDIA MPs were thrown out of both Houses.”