On Wednesday, the Lok Sabha approved three criminal law bills to revamp the nation’s criminal justice system. The Lower House passed the contentious bills in the absence of 97 suspended MPs this week.
Lok Sabha passes Bharatiya Nyaya (Second) Sanhita Bill 2023, Bharatiya Nagarik Suraksha (Second) Sanhita Bill 2023, and Bharatiya Sakshya (Second) Bill (BSB) 2023, to replace Indian Penal Code-1860, CrPC-1973, and Indian Evidence Act-1872.
Union Home Minister Amit Shah stated on Wednesday that the recently passed criminal bills aim to liberate individuals from a colonial mindset. About the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act, Shah emphasized the transformative impact of the new legislation.
Shah said, “New criminal law bills will free people from a colonial mindset. The English rule established the three laws. Until the laws are repealed, the country will continue to follow UK laws, maintaining the use of terms such as Her Majesty, London Gazette, British Crown, and barrister in India”.
Taking a swipe at the Gandhis, Shah said: “For the first time, laws are going to be made according to the spirit of our Constitution under the leadership of Modi ji. I am proud to have changed these three laws after 150 years. Some people used to say that we do not understand them. I tell them that if you keep your mind as an Indian, then you will understand. But if your mind is of Italy, you will never understand.”
He further mentioned that the trio of bills would institute a justice system rooted in Indian ideology. Shah remarked that the current laws embody a colonial approach, focusing on punishment for a crime rather than delivering true justice.
Under the previous laws, rape was categorized within Section 375-376, but the new bill designates it under Section 63. Similarly, murder, formerly under Section 302, is now covered by Section 101, and kidnapping, once under Section 359, is now addressed in Section 136, as highlighted by Shah.
Shah additionally mentioned that the upcoming laws will introduce a specific definition of terrorism. He emphasized that, up until now, no law had provided a clear definition of terrorism. The Modi government is taking the initiative to articulate this definition for the first time to prevent any exploitation due to its absence.
