Govt moves to overhaul British-era criminal laws

Union home minister Amit Shah on Friday introduced three bills in Parliament that seek to replace the British-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act, an overhaul that he said would “transform our criminal justice system”.

- Neeraj Chauhan

 

The Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 – introduced in the Lok Sabha on the last day of the monsoon session – include key changes to deal with offences of terrorism, crimes against women, corruption in election processes and acts that are against the State.

“From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British. I can assure the House that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime,” Shah said, while noting that the laws made by the British were full of signs of slavery and clearly aimed at punishing those opposed to their rule.

The colonial-era sedition law, 124A of IPC, has been repealed, Shah said, but a reading of the proposed new code showed the replacement – section 150 in Bharatiya Nyaya Sanhita (BNS) – seeks to prosecute acts of “secession or armed rebellion or subversive activities”.

“By replacing them (IPC, CrPC and Evidence Act), the new three laws will bring the spirit to protect the rights of the Indian citizen to centrestage,” he added.

Shah said the bills will be referred to the parliamentary standing committee on home affairs. The Union home minister has said on various occasions earlier that radical changes are being made in IPC, CrPC and the Indian Evidence Act.

A panel of experts, also known as Committee for Reforms in Criminal Laws, appointed by the Ministry of Home Affairs (MHA), worked on the changes in the criminal laws starting 2020 and gave detailed recommendations to the government. MHA had also consulted states and other experts regarding the changes.