Introduction of New Bills for the Criminal Justice System of India by UHM Shah
Image Source: ANI
The new Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and Bharatiya Sakshya Bill, 2023 were introduced by Union Home Minister & Minister of Cooperation, Shri Amit Shah in the Lok Sabha assembly on the 11th of August 2023.
Shri Amit Shah said that our honourable Prime Minister Shri Narendra Modi has presented his five pledges (Panch Pran) to the public, and one of them is to eliminate all signs of slavery from the country. He mentioned, “These three bills will fulfill this pledge and also establish the basic law for India’s criminal justice system.” He further explained, “We are replacing the Indian Penal Code, 1860, Criminal Procedure Code (1898), 1973, and the Indian Evidence Act, 1872, which were British creations aimed at reinforcing British rule. The new laws—Bharatiya Nyaya Sanhita Bill, 2023; Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and Bharatiya Sakshya Bill, 2023—will replace these outdated codes.” This shift aims to safeguard citizens’ rights under the Indian Constitution and prioritize justice over punishment, using penalties only when necessary to prevent crimes.
The Union Home Minister assured that these three laws will bring about a substantial change in our criminal justice system. He stated that crimes like treason, robbery, and attacks on government officials were given higher priority, while heinous crimes like murder or crimes against women were placed at a lower level in the current laws. However, this approach will be changed, and the first chapter of these new laws will focus on crimes against women and children, while the second chapter will deal with murder/homicide and offenses involving the human body.
He further stated that the Bharatiya Nagarik Suraksha Sanhita Bill will now have 533 sections, with 160 sections being modified, 9 new sections added, and 9 sections repealed. The Bharatiya Nyaya Sanhita Bill will have 356 sections instead of the previous 511 sections, with 175 sections amended, 8 new sections added, and 22 sections repealed. The Bharatiya Sakshya Bill will have 170 sections instead of the previous 167, with 23 sections modified, 1 new section added, and 5 repealed. Shri Shah introduced the concept of zero FIR for citizen convenience, allowing complaints to be filed beyond local police jurisdiction.
Shri Shah further stated that the conviction rate in our country is quite low, which is why the government is working to promote forensic science in India. He emphasized enhancing forensic science, establishing the National Forensic Science University, and incorporating provisions for forensic investigation at crime scenes. The digitization of legal processes, mandatory videography during searches, and time-bound trial permissions for civil servants were mentioned.
According to the Home Minister, the government must decide on trial permissions against civil servants or police officers within 120 days, or it will be considered deemed permission, and the court will initiate the trial.
He mentioned the provision of punishment for severe and minor injuries. In cases of permanent disability or brain death, a provision for punishment of 10 years or life imprisonment has been included, offenses against children have been increased from 7 years to 10 years, fines for various crimes have increased, and escaping custody can lead to 10 years imprisonment. Community service is now a punishment option for minor theft, attempted suicide, and defamation. Political pardon possibilities have been eliminated. The death penalty can only be changed to life imprisonment, and sentences have specific minimums. No perpetrator will be spared.
Shri Amit Shah announced the complete abolition of the sedition offense, emphasizing India’s democratic values and commitment to free speech. New laws have been introduced to define terrorism-related crimes, thereby allowing for property confiscation. With 313 changes, the criminal justice system has been reshaped to expedite resolutions within three years. There is a renewed focus on the protection of women and children, as well as on curbing the misuse of police power. While sedition laws have been eliminated, regulations against exploitation, mob lynching, and organized crime remain intact.
-Kashish Kishore
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English13 August 2023Introduction of New Bills for the Criminal Justice System of India by UHM Shah
