Bharatiya Nyaya Sanhita Bill: Union Home Minister Amit Shah presented the Bharatiya Nyaya Sanhita in Lok Sabha today (December 20), emphasising its emphasis on "justice over punishment". Shah stated that the new legal framework seeks to distance itself from colonial influences.
Shah On Criminal Law Bills:
Addressing a debate on criminal law bills, Shah affirmed that people causing harm to the country would face consequences.
"If someone opposes the government, he should not be punished because it is his right to free speech. Anyone who works against the country must not be spared and must face the harshest punishment. Terrorism is the worst form of human rights violation, and anyone involved in it should face harsh punishment," Amit Shah replying to the debate on criminal law bills in Lok Sabha.
Shah said he has personally checked everything in detail, holding as many as 158 meetings. "I have not only read every line of proposed criminal laws, but I have also gone through every comma, full stop and held 158 meetings".
Shedding light on the changes, Shah further detailed modifications within the Code of Criminal Procedure (CrPC). He stated, "Previously, the CrPC comprised 484 sections; with the revisions, it will now encompass 531 sections. Notably, alterations have been made in 177 sections, and the inclusion of nine new sections, along with 39 sub-sections and 44 provisions."
"The punishments for looting the government treasury, uprooting railway tracks, and insulting the British crown were previously retained in the law that will be repealed. Priority is now given to crime against women and children, its impact on the human body, and the country's security. There are also military, election, and currency laws," explained the Home Minister.
"Mob lynching is a heinous crime, and the new law includes a provision for the death penalty for mob lynching. But I want to ask Congress why, after years of ruling the country, you didn't pass a law prohibiting mob lynching? You used the term mob lynching to mock us, but you failed to pass laws when you were in power," Shah took a jibe at the grand old party.
According to the new provisions, an FIR must be lodged within three days of receiving a complaint.
"The previously flexible timeline for filing chargesheets has been revised; police can no longer extend the filing of chargesheets beyond 180 days under the pretext of ongoing investigations. While earlier norms allowed a 60-90 day window for chargesheet submissions, the introduction of this bill mandates a strict timeframe," Shah said.
He further added, "Police now require a court order to initiate any further investigation, ensuring that chargesheets are filed within the stipulated period. Additionally, investigative reports and seizure records must be presented to the court within 24 hours."
Recognising the criticality of evidence, especially in sensitive cases like rape, the new regulations mandate the submission of medical reports within one week, a significant reduction from previous delays, Shah noted.
Shah also announced, "Trial in absentia can be done. It will also aid in returning these people to India for punishment".
"Now the accused will get seven days to file a plea for acquittal. The judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case would come to trial. There was no time limit for plea bargaining earlier. Now if one accepts their crime within 30 days of the crime then the punishment would be less. There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that," the Home Minister said.
Shah On Evidence Act:
Shah emphasised a shift towards more technologically reliant evidence laws, "to increase transparency in police investigations and protecting the rights of both victims and accused".
Shah emphasised the significance of using technology to prevent police atrocities and to ensure a more credible evidence collection process. "As part of these reforms, the entire evidence gathering procedure will be digitised and video recorded, to prevent false accusations and framing of individuals," Shah said.
In addition, Shah advocated for the mandatory online video recording of victim statements in rape cases to preserve the integrity of their statements and prevent alterations.
Taking a jibe at the grand old party, Shah also said: "We said that in Ayodhya we will make Ram Mandir as soon as possible and on January 22 Lord Ram's idol will be installed there. This is PM Modi's government which delivers what they say. We said that we would give 33% reservation to women in the Parliament and assemblies. Congress came to power many times and kept giving dates but we delivered it and with a majority of votes to empower women".
On December 12, Shah introduced three updated Bills in Lok Sabha, aiming to replace outdated British-era criminal legislations. These Bills seek to replace the Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973; and the Indian Evidence Act, 1872.
Specifically, the IPC will be succeeded by the Bharatiya Nyaya (Second) Sanhita Bill, 2023; the 1973 CrPC will transition to the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Indian Evidence Act of 1872 will be substituted by the Bharatiya Sakshya (Second) Bill, 2023.
Previously introduced in August, these Bills underwent scrutiny by a 31-member Parliamentary Standing Committee chaired by BJP MP Brij Lal. Following consultations with experts and stakeholders, the panel finalised its report on November 7. However, Opposition MPs had flagged concerns in their dissent notes, critiquing the consultation process, the pace of introduction, and similarities to existing laws.