The Lok Sabha’s recent passage of three crucial bills, namely the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill, marks a significant step towards reforming India’s criminal laws. The bills, initially introduced during the monsoon session of Parliament as Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Bill, 2023, have undergone scrutiny and modifications before their recent approval.
The need for reform in criminal laws became evident as the bills aimed to replace key legislations such as the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The comprehensive approach taken by these bills reflects a commitment to modernize and streamline the legal framework, addressing the evolving nature of crimes and ensuring effective governance.
The bills underwent thorough examination by a department-related Parliamentary Standing Committee on Home Affairs, chaired by Brij Lal. The committee submitted its reports on November 10, suggesting amendments and improvements to enhance the legislation’s efficacy. However, notably, the Central government opted to withdraw the bills on August 11 instead of amending them according to the committee’s recommendations.
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In a statement, the government explained that the withdrawal and subsequent reintroduction were strategic moves aimed at saving efforts that would have been required for passing separate amendments. Union Home Minister Amit Shah emphasized the government’s commitment to incorporating changes suggested by the Parliamentary Standing Committee in the bills’ latest iteration.
The Bharatiya Nyaya (Second) Sanhita now comprises 358 sections, indicating a comprehensive approach to addressing various aspects of criminal laws. Notably, the first version of the bill had 356 sections, with 175 sourced from the Indian Penal Code (IPC), featuring alterations. Additionally, 22 sections were proposed for repeal, while 8 new sections were introduced. These changes underscore a meticulous effort to align the legislation with contemporary legal needs.
The recent passage of the Bharatiya Nyaya (Second) Sanhita and associated bills signifies a crucial step in the ongoing process of legal reform in India. While the withdrawal and reintroduction raised eyebrows, the commitment to incorporating improvements suggested by the Parliamentary Standing Committee reflects a responsiveness to the dynamic nature of criminal justice. As these bills move forward, their impact on the legal landscape and the pursuit of justice in the country will undoubtedly be closely monitored.
