In a significant stride towards modernizing the criminal justice system, the Rajya Sabha, on Thursday, passed three landmark Bills introduced by Union Home Minister Amit Shah. These Bills, namely the Bharatiya Nyaya (Second) Sanhita, 2023; the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and the Bharatiya Sakshya (Second) Bill, 2023, mark a departure from colonial-era laws, replacing the Indian Penal Code (IPC), 1860; The Code of Criminal Procedure, 1973; and the Indian Evidence Act, 1872.
Minister Shah emphasized that after 75 years of Independence, these laws were crafted by and for Indians, resonating with the essence of Indian soil, culture, and philosophy. During the debate on the Bills, he expressed confidence that this legal framework would establish the most modern criminal jurisprudence globally, emphasizing justice over mere punishment.
The Home Minister assured that the new legislation would usher in quicker justice, with cases expected to be resolved within three years, eliminating the notorious delays symbolized by the phrase ‘tareekh pe tareekh.’ Shah highlighted the significance of repealing British-era laws and adopting laws framed by the Indian Parliament, attributing it to Prime Minister Modi’s efforts in enhancing the nation’s pride.
Addressing concerns regarding sedition laws, Shah clarified that speaking against the government is a fundamental right, emphasizing the removal of provisions under which historical figures like Bal Gangadhar Tilak, Mahatma Gandhi, and Veer Savarkar were once imprisoned.
Responding to criticisms about potential misuse of the terrorism definition, Shah asserted that the stringent laws were necessary to combat terrorism effectively. He reassured the nation that the legislation left no room for misuse and aimed solely at countering those intending to spread terror.
A substantial portion of Shah’s discourse focused on mob lynching, where he highlighted the government’s commitment to address this issue through legislation. He pointed out that the least number of mob lynchings occurred during the tenure of the Narendra Modi government.
The Home Minister also addressed mercy petition provisions, stating that no non-governmental organization (NGO) would be allowed to file mercy petitions. Accused individuals, he emphasized, must express remorse and personally seek mercy from the President.
Shah concluded by underlining the government’s prioritization of human rights, liberty, and security through a strategic reordering of sections in the new legal framework. He highlighted the elevation of the offense of rape in the legal hierarchy, emphasizing the government’s commitment to addressing gender-based crimes.
During the debate, Sujeet Kumar of the BJD supported the Bills while urging for the offense of rape to be made gender-neutral, considering the repeal of Section 377. S. Niranjan Reddy of YSRCP proposed a permanent panel of experts to oversee changes and sought clarity on broader terms used in the Bills, anticipating potential legal challenges.
