Home Minister Amit Shah introduces amended Bills to replace three criminal laws

Introduction

‍

‍

In a recent development, Union Home Minister Amit Shah has withdrawn three Bills aimed at replacing criminal laws and instead introduced a fresh set of draft legislations in the Lok Sabha. This move comes after incorporating recommendations from a parliamentary panel. The new bills, namely the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam Bill, seek to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, respectively. The discussion on these bills is scheduled to take place on December 14, followed by voting on December 15. Opposition members have requested sufficient time to study the proposed changes, to which Mr. Shah responded by introducing the bills a few days prior, allowing members 48 hours to review the draft laws. In this article, we will delve into the details of these amended bills and their potential implications.

The Background of the Amended Bills

The decision to withdraw the previous bills and introduce fresh legislations incorporating the recommendations of the parliamentary panel stems from the government's desire to avoid numerous official amendments. By presenting new bills, the government aims to streamline the process and expedite the implementation of the necessary changes. Home Minister Amit Shah addressed the members of the Lok Sabha, highlighting the significance of the proposed amendments and assuring them that most of the changes are related to grammar and language.

Key Changes in the Amended Bills

The redrafted Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam Bill encompass several modifications compared to the existing criminal laws. These changes have been made with the intention of improving the legal framework and ensuring justice is served effectively. While the draft legislations incorporate recommendations from the parliamentary panel, they also introduce additional amendments to address the evolving needs of the Indian society. Let's explore the key changes proposed in each of the bills:

Bharatiya Nyaya Sanhita Bill

The Bharatiya Nyaya Sanhita Bill seeks to replace the Code of Criminal Procedure Act, 1898. This crucial legislation governs the procedure for the investigation of crimes, arrest of suspects, conduct of trials, and the overall administration of criminal justice in India. The proposed changes aim to streamline and modernize these processes to enhance the efficiency of the criminal justice system. Some of the notable modifications include:

1. Enhanced Investigation Procedures: The amended bill introduces provisions to strengthen the investigative processes, ensuring thorough and impartial investigations. It emphasizes the collection of admissible evidence and aims to reduce the possibility of tampering or manipulation.

2. Expediting Trials: The new legislation emphasizes expeditious trials to ensure timely justice for victims and accused individuals. It introduces measures to streamline trial procedures, minimize delays, and improve overall efficiency in the judicial system.

3. Victim Protection: The amended bill places significant emphasis on the protection of victims' rights and interests. It introduces provisions to ensure the safety, privacy, and welfare of victims throughout the investigation and trial process.

Bharatiya Nagarik Suraksha Sanhita

The Bharatiya Nagarik Suraksha Sanhita aims to replace the Indian Penal Code, 1860, which forms the bedrock of criminal law in India. The proposed amendments in this bill aim to address various aspects of criminal offenses, punishments, and legal provisions. Some of the key changes include:

1. Reclassification of Offenses: The amended bill reclassifies certain offenses to reflect the evolving nature of crimes and align them with contemporary societal norms. This ensures that appropriate punishments are prescribed for different types of offenses.

2. Strengthened Punishments: The new legislation introduces stricter punishments for certain offenses, intending to act as a deterrent and promote a safer society. It takes into account the severity of crimes and the need for proportionate penalties.

3. Updated Legal Provisions: The amended bill incorporates updated legal provisions to address emerging challenges and ensure that the penal code remains relevant in the face of evolving criminal activities.

Bharatiya Sakshya Adhiniyam Bill

The Bharatiya Sakshya Adhiniyam Bill aims to replace the Indian Evidence Act, 1872. This legislation governs the admissibility, presentation, and evaluation of evidence in Indian courts. The proposed changes in this bill focus on enhancing the efficacy of evidence collection, presentation, and evaluation. Some of the significant amendments include:

1. Digital Evidence: The amended bill recognizes the prevalence of digital evidence in modern times and introduces provisions to facilitate the admissibility and authentication of digital evidence in court proceedings. This ensures that the legal framework keeps pace with technological advancements.

2. Witness Protection: The new legislation emphasizes the protection of witnesses, especially in cases where their safety may be at risk. It introduces measures to encourage witnesses to come forward and provide testimony without fear of reprisal.

3. Streamlined Evidence Presentation: The amended bill aims to streamline the presentation of evidence in court proceedings. It introduces measures to avoid unnecessary delays and ensure a smooth and efficient process of evidence examination and cross-examination.

Discussion and Voting

The discussion on the amended bills is scheduled to take place on December 14, allowing members of the Lok Sabha to delve into the proposed changes in detail. Opposition members have requested sufficient time to study the bills before the discussion, and Amit Shah has addressed this concern by allowing a 48-hour window for review. On December 15, voting will take place to determine the fate of these bills. The Lok Sabha Speaker, Om Birla, has allocated a total of 12 hours for the discussion, providing ample time for members to voice their opinions and concerns regarding the proposed amendments.

Conclusion

The introduction of the amended bills by Union Home Minister Amit Shah marks a significant step towards revamping the criminal laws in India. By incorporating the recommendations of the parliamentary panel, the government aims to modernize the legal framework and address the evolving needs of society. The Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam Bill aim to replace the existing criminal laws, ensuring a more efficient and comprehensive system of justice. As the discussion and voting take place in the coming days, the fate of these bills will be determined, potentially shaping the future of India's criminal justice system.