India’s Union Home Minister, Amit Shah, has re-introduced three controversial criminal law bills after incorporating changes recommended by a parliamentary panel. These bills, collectively known as the “Bharatiya Nyaya Sanhita Trilogy,” aim to replace the outdated colonial-era laws currently governing criminal justice in India.
On August 11, 2023, Union Home Minister Amit Shah introduced three amended criminal law bills:
- Bharatiya Nyaya Sanhita Bill, 2023 (BNSS): This bill seeks to replace the Indian Penal Code (IPC), 1860. It introduces several new provisions, including stricter punishment for cybercrimes, financial offenses, and terrorism.
- Bharatiya Sakshya Adhiniyam Bill, 2023 (BSB): This bill seeks to replace the Indian Evidence Act (IEA), 1872. It aims to streamline evidence collection and admissibility procedures in court.
- Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSSB): This bill seeks to replace the Code of Criminal Procedure (CrPC), 1898. It proposes changes to investigation procedures, bail provisions, and trial processes.
Key Provisions of the Amended Bills:
BNSS:
- Expands the definition of a “terrorist act” to include damage to property used for India’s defense, both domestically and internationally.
- Introduces new offenses such as cyber terrorism, economic terrorism, and human trafficking.
- Enhances penalties for certain offenses.
- Provides for plea bargaining for some offenses.
BSB:
- Makes electronic evidence admissible in court.
- Allows for hearsay evidence in certain cases.
- Reduces the burden of proof on the prosecution.
BNSSB:
- Strengthens police powers to investigate and prevent crime.
- Streamlines the bail process.
- Provides for greater public access to court proceedings.
Understanding the Changes:
The withdrawal of the new criminal laws has left many people confused and concerned about the changes that were proposed. It is important to note that the exact differences and amendments in the new bills are not yet known, as they were withdrawn before detailed discussions could take place in Parliament.
However, some key changes have been highlighted by the Parliamentary Committee that reviewed the bills. One of the major changes was the inclusion of terrorism as an offense under the Indian Penal Code. The definition and scope of terrorism were to be clearly defined to provide a more comprehensive legal framework to tackle this issue.
Another important change was the introduction of stricter punishment for mob lynching. The committee recommended that those involved in mob lynching should be given the option of lifetime imprisonment or even the death penalty, depending on the severity of the crime.
Furthermore, the committee proposed changes related to sexual offenses, such as the protection of rape victims’ identities and the punishment for printing or publishing court proceedings without permission. These changes aimed to safeguard the privacy and well-being of the victims.
The original versions of these bills were introduced in August 2023 but were withdrawn due to concerns raised by a parliamentary panel. The government has addressed some of these concerns in the amended bills.
The re-introduction of these bills marks a significant step in the government’s efforts to reform India’s criminal justice system. However, the bills face significant opposition from various stakeholders, including legal experts, human rights activists, and opposition parties. The upcoming debate in Parliament will be crucial in determining the fate of these controversial reforms.
The amended bills have been met with mixed reactions. Supporters argue that they will help to modernize India’s criminal justice system and make it more efficient and effective. Critics argue that they will give the government too much power and erode individual liberties.
