New Delhi, 20 December 2023
In a monumental legislative stride, the Lok Sabha achieved success by passing three amended Bills on Wednesday, signifying a crucial step towards modernising and replacing outdated colonial-era criminal laws
This legislative overhaul represents a transformative shift, encompassing terrorism offences within general crime laws for the first time. Moreover, the Bills eliminate the antiquated crime of sedition and introduce stringent penalties, including the death penalty, to combat mob lynching.
Bharatiya Nyaya (Second) Sanhita Bill (BNSS): Poised to replace the Indian Penal Code, 1860.
Bharatiya Sakshya (Second) Bill (BSS): Crafted to supplant the Indian Evidence Act, 1872.
Bharatiya Nagarik Suraksha (Second) Sanhita Bill (BNSSS): Envisaged to replace the Code of Criminal Procedure, 1898.bss
The Bills underwent meticulous discussion and secured approval through a voice vote. Notably, a significant absence of Opposition members from the INDIA bloc parties, due to suspensions during the session, marked this legislative milestone.
Home Minister Amit Shah underscored the Bill's core emphasis on justice rather than mere punishment. He stressed the necessity of laws designed to withstand the challenges of the next century, incorporating technological advancements into their framework.
Minister Shah proposed an amendment to the BNSS, excluding doctors from criminal prosecution for medical negligence-related deaths. Additionally, the Bills seek to impose ten years of imprisonment for hit-and-run accidents.
Shah highlighted the historic inclusion of a terrorism definition in the BNSS and the abolition of the crime of sedition. This marks a significant shift from "Rajdroha" (sedition) to "Deshdroha" (offence against the nation).
During the debate, concerns were raised by some Opposition members, including Harsimrat Kaur Badal. The conspicuous absence of a substantial portion of the Opposition prompted discussions about the passage of key Bills in their absence.
AIMIM MP Asaduddin Owaisi expressed reservations about the potential impact of the new laws on minority and underprivileged communities. His concerns encompassed safeguards against police excess and fabricated evidence.
The debate also witnessed objections regarding the extended police custody duration, with some MPs contending that the definition of terrorist acts was overly broad. Minister Shah clarified that the total police custody duration would be limited to 15 days, with provisions for bail and recovery periods.
In conclusion, the Lok Sabha's approval of three amended Bills marks a significant departure from colonial-era criminal laws, ushering in a new era of legal evolution in India. As the nation grapples with issues such as terrorism, sedition, and mob lynching, the amendments reflect a steadfast commitment to justice over mere punitive measures. Home Minister Amit Shah's emphasis on a forward-looking legal framework, evident in exclusions for doctors and penalties for hit-and-run accidents, underscores the government's dedication to adapting to contemporary challenges. While concerns about minority rights and police custody durations were raised, the government asserts its commitment to preventing misuse.