Breaking: The Lok Sabha Passes Bills Related To Criminal Law, aiming To Replace The IPC, CrPC, And Evidence Act

BY: THE LEX TIMES

During the winter session’s thirteenth day, the Lok Sabha passed three amended criminal law bills. These bills include the Bharatiya Nyaya (Second) Sanhita, replacing the Indian Penal Code; the Bharatiya Nagarik Suraksha (Second) Sanhita, replacing the Code of Criminal Procedure; and Bharatiya Sakshya (Second) Sanhita, replacing the Indian Evidence Act.

Union Home Minister Amit Shah introduced amendments during the session, including provisions exempting doctors in cases of medical negligence-related deaths. The bills, defended by members of the ruling Bharatiya Janata Party (BJP), shift the focus from punishment to justice and reformation, challenging the existing British-era laws centered on deterrence. These legislative changes are considered to be in line with the evolving needs of modern-day India.

The proposed legislation also incorporates aspects of digitization and information technology, addressing concerns raised by opposition leaders about potential human rights violations. The bills faced minimal opposition in the Lok Sabha, largely due to the suspension of numerous opposition Members of Parliament (MPs) during the proceedings.

All India Majlis-e-Ittehadul Muslimeen MP Asaduddin Owaisi voiced concerns over potential biases in the implementation of criminal laws. He raised issues such as the duration of police custody, provisions penalizing terrorism, and other lacunae in the proposed bills. However, dissenting voices were notably few, and the bills passed with limited opposition.

Several Members of Parliament criticized the bills for conferring arbitrary powers on the police without sufficient checks and balances. They argued that such powers could lead to arbitrary use, posing a threat to liberty, democracy, dissent, and opposition.

In his concluding remarks, Home Minister Shah insisted that not only were the bills in line with constitutional principles and morality, but have also been designed keeping in mind future technological innovations. The legislation, initially introduced in the monsoon session, underwent scrutiny by a standing committee, which provided recommendations. The revised bills, incorporating some of these recommendations, were reintroduced in December, marking a significant step toward overhauling India’s criminal laws.