In a watershed moment for India's legislative landscape, the Lok Sabha has greenlit three pivotal Bills, heralding a substantial transformation in the country's criminal laws. The Bharatiya Nyaya (Second) Sanhita, 2023; Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and Bharatiya Sakshya (Second) Bill, 2023, are set to supplant the archaic Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973 (originally enacted in 1898), and the Indian Evidence Act of 1872, respectively.
Rooted in a bid to indigenize laws, Union Home Minister Amit Shah emphasized the bills' alignment with constitutional tenets, embodying personal liberty, human rights, and equality. Notably, these legislative milestones not only eliminate colonial imprints but also usher in progressive amendments, including decriminalizing homosexuality and adultery.
While lauded for an overhaul, the bills also ignite contentious debates due to their scope and ramifications. The Bharatiya Nyaya (Second) Sanhita ventures into uncharted territories, extending detention in police custody from 15 to 90 days and categorizing terror, corruption, and organized crime under ordinary legislation for the first time.
Sedition, previously rendered inoperable by a Supreme Court order, undergoes a nomenclature shift from 'rajdroh' to 'deshdroh,' underscoring persistent concerns around such provisions despite their revamping. Union Minister Shah staunchly defended these alterations, affirming stringent penalties against any act deemed detrimental to the nation's integrity.
During the deliberations, a visibly sparse opposition block voiced dissent over concerns about limited consultation time and the choice of domain experts. As opposition members remained suspended, Shah used the platform to underscore the government's achievements, citing the removal of Article 370, zero-tolerance policy against terrorism, and upcoming consecration of Ram Lalla on January 22, 2024.
Revealing intricate details of the amendments, Shah highlighted the magnitude of changes within the criminal justice system. The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, incorporates modifications spanning increased imprisonment periods, penalties, and community service provisions, reflecting a robust reformative approach.
Critically, the Bharatiya Nyaya (Second) Sanhita introduces capital punishment for mob lynching and hate crimes, signaling a stark departure from past leniencies. Amendments providing relief to doctors in culpable homicide cases showcase a nuanced approach amid these legislative overhauls.
Despite the government's meticulous consultations, opposition members, including Asaduddin Owaisi and Harsimrat Kaur Badal, criticized the Bills, denouncing them as attempts to legitimize governmental transgressions and extending excessive powers to law enforcement.
The passage of these bills marks a significant stride in revamping India's criminal laws, embodying both progressive reforms and contentious amendments, sparking a national debate on the balance between state authority and individual liberties.
