Without Opposition, three British-era criminal laws being replaced for ‘speedy justice’
New Delhi, December 20
The Lok Sabha on Wednesday passed the three criminal law Bills — Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and Bharatiya Sakshya (Second) Bill — even as 97 Opposition MPs remained suspended from the Lower House amid protest over Parliament security breach.
The Bills will replace the Indian Penal Code, 1860; Code of Criminal Procedure (CrPC), 1973; and Indian Evidence Act, 1872.
Home Minister Amit Shah, while replying to the discussion on the Bills, in which 35 MPs participated over a span of two days, said these were based on three principles of “person’s freedom, human rights and impartiality” with focus was on “delivering speedy justice rather than handing down punishment”.
He noted the three new laws “reflect the spirit of the original Indian code of justice… and the spirit of the Constitution”, adding: “I have gone through every comma, full stop of the new criminal laws”. The Bills were tabled by Shah in the Lower House on Tuesday. The government had earlier introduced the three Bills in the monsoon session, but withdrawn these during the ongoing winter session, while replacing these with three new Bills with some changes.
The new Bills had been examined by the parliamentary standing committee as instead of coming up with official amendments, it was decided to bring the Bills again, Shah said in the LS.
While discussing the three bills, Shah said in the proposed laws, there would be a provision for death penalty for mob lynching.
He further said under the new amended laws, “if one accepts their crime within 30 days of committing it, then the punishment would be less”.
The laws gave priority to crime against women and children, impact on human body and security of the country, the minister said.
Under the amended laws, the deadline for filing FIR had been fixed. “After submitting the investigation report to the district magistrate, it will have to be presented before the court within 24 hours. There is a provision to send the medical report directly to the police station or court within seven days,” Shah stated.
Chargesheet could no longer be kept pending after 180 days, the minister said.
“Now the accused will get seven days to file a plea for acquittal,” he added. “A 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,” the minister informed the House.
Shah also said there was earlier 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.”
Moreover, if the accused fails to appear before court within 90 days, the trial will proceed in his or her absence, he said, adding in such a case: “A lawyer appointed by the government will get the person bail or put him or her on death row… there will be a quick procedure to bring the accused to India from other countries”.
More clarity
Justice is not delivered timely… police blame courts & govt, courts blame police, govt blames police & judiciary. More clarity in new law. Amit Shah, Home Minister
The minister also addressed the financial challenges faced by the need when perusing a case in court. “For years ‘tareekh pe tareekh’ kept going. Police hold the judicial system responsible, the government holds police and judiciary responsible. The police and judiciary hold the government responsible for the delay. Now, we have made many things clear in the new laws,” said Shah.
The new law also defines “organised crime”. “There was no special law for this. In this, we have included cybercrimes, economic crimes, land grabbing, arms trade, dacoity, human trafficking,” Shah added.
Two more Oppn MPs suspended, count 143
The LS on Wednesday suspended two more Opposition MPs for showing placards in the House. Thomas Chazhikadan of the Kerala Congress (Mani) and CPM’s AM Ariff were suspended for misconduct after a resolution moved by Parliamentary Affairs Minister Pralhad Joshi was adopted by House. This takes the number of suspended MPs in LS to 97. So far 143, Opposition MPs have been suspended from both Houses.
Lok Sabha approves new bills
Bharatiya Nyaya (Second) Sanhita, 2023
- 20 new offences; 19 deleted
- Jail term up in 33 offences; fine up in 83
- Attempt to commit suicide deleted
- Child defined; transgender in definition of ‘gender’
- Organised crime, terror act, hit-&-run, lynching offences
- Electronic/digital records part of definition of document
Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
- Forfeiture, attachment of proceeds of crime
- In-absentia trial up to delivery of judgment
- Zero FIR throughout country
- Electronic lodging of FIR
- Forensic aid in investigation
- Probe of serious offence by DSP-level police
Bharatiya Sakshya (Second) Bill, 2023
- Two new sections, six new sub-sections
- Statements received electronically part of definition of ‘evidence’
- Admissibility, validity, enforceability of e/digital record as evidence
- Conviction based on corroborated testimony of accomplice legal
- Husband/wife competent witness in criminal cases against spouse
- References to colonial terminology done away with
