In a complete overhaul of colonial-era criminal laws, Union Home Minister Amit Shah on Friday introduced three Bills in Lok Sabha to replace the Indian Penal Code (IPC), 1860; The Code of Criminal Procedure, 1973 (originally enacted in 1898); and the Indian Evidence Act, 1872.
The Bills — Bharatiya Nyaya Sanhita (BNS), 2023, to replace the IPC; Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for CrPC; and Bharatiya Sakshya (BS) Bill, 2023, for the Indian Evidence Act — were referred to a standing committee.
From a new provision on mob lynching, punishable by seven years imprisonment or life imprisonment or death penalty; to enabling speedy justice through video trials, e-filing of FIRs; expanding the definition of sedition; bringing corruption, terrorism and organised crime under the penal laws; introducing community service and solitary confinement as new forms of punishment; holding trials in the absence of an accused; and expanding the scope of offence against women pertaining to sexual intercourse by employing “deceitful means” — the new Bills provide for substantive changes in criminal jurisprudence.
“I assure the House that these three laws will have an Indian spirit and ethos, and will bring a big change in our criminal justice system,” Shah said in Lok Sabha.
Invoking freedom fighter Khudiram Bose, he said they would achieve the objective of removing a “mentality of servitude” — one of the five pledges (“paanch pran”) that Prime Minister Narendra Modi mentioned in his Independence Day address last year.
“These three laws were passed by the British Parliament; their central theme was to strengthen and protect colonial rule. Their aim was to punish, not to provide justice,” Shah said. “The new laws that will replace the colonial laws will place a citizen’s constitutionally guaranteed rights at the centre and protect them. The aim will be to provide justice, not to punish,” he said.
Among the key changes, Shah said, the new penal code would place crimes against women and children first, and the IPC provision on sedition would be repealed.
However, the proposed Bharatiya Nyaya Sanhita contains a provision that penalises “endangering sovereignty, unity and integrity of India”. While it doesn’t name sedition, it expands its definition, including aiding through financial means and acts of “subversive activities”, or those encouraging “feelings of separatist activities.”
Sexual exploitation of women on the pretext of marriage, job, promotions or by concealing identity will be considered a crime. For gangrape, there is provision for punishment of 20 years imprisonment or life imprisonment, and death sentence in case of rape of minor.
Terrorism has been defined under the law for the first time, Shah said. A terrorist has been defined as one who commits any act in India or a foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order. There is also a provision for attaching the property of the terrorist.
He said the new laws would overhaul the criminal justice system and ensure justice in a maximum of three years.
The statement of object for the BNSS said the government’s mantra was “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” and it was committed to ensuring “accessible and speedy justice” to all citizens in conformity with these constitutional democratic aspirations.
According to the proposed Bill, a chargesheet will have to be filed within 90 days, and the court can give permission for another 90 days. Probe will have to be completed in 180 days and sent for trial. After trial, judgment will have to be given in 30 days.
Another key change is the provision for trial in absentia. “Dawood Ibrahim is wanted in many cases. He has fled the country. Trial of such people doesn’t take place. We have decided that Session Courts, after due process, will declare them absconders. The trial will take place in their absence and sentence will be pronounced. They may hide anywhere but sentence will be given. This will have a big impact,” Shah said.
To stop political use of punishment waivers by governments, a new provision has been made that death sentences can only be converted to life imprisonment, and life imprisonment can be pardoned only within seven years of punishment.
Shah referred to the recent release of criminal-politician Anand Mohan in Bihar and said the provision has been made to ensure that those with political influence do not escape law.
The use of forensic science to increase conviction in cases is also in focus, the minister said. “The aim is to take the conviction rate to 90 per cent,” he said.
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Home Minister Amit Shah speaks in the Lok Sabha during the Monsoon session of Parliament, in New Delhi, Friday, Aug. 11, 2023. (PTI Photo) 
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