In a historic move, the Rajya Sabha engaged in a thorough discussion on Thursday regarding three bills aimed at replacing the archaic Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872. Home Minister Amit Shah introduced the bills for consideration and passage in the House, highlighting their significance in overhauling India’s nearly 150-year-old criminal justice system.
The three bills—Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and Bharatiya Sakshya (Second) Bill, 2023—had already secured passage in the Lok Sabha on Wednesday. During the Lok Sabha debate, Shah asserted that these bills marked the first significant changes in the laws governing the country’s criminal justice system.
Speaking in the Rajya Sabha, Amit Shah underscored the bills’ alignment with the spirit of the Constitution, emphasizing that the purpose of punishment should be to deliver justice to the victim and set an example in society. He expressed confidence that the legislation, crafted with the Indian ethos, would bring about a transformative shift in the criminal justice system.
Amit Shah emphasized the government’s commitment to zero tolerance against terrorism, highlighting provisions in the new laws aimed at ensuring that no terrorist could escape punishment. He noted the shift in priorities from the protection of Treasury and the British Crown to focusing on crimes against women and children, matters affecting the human body, national security, electoral crimes, and crimes related to the armed forces.
The Home Minister highlighted significant changes, including the removal of the section on sedition, which has been replaced with the concept of treason. He assured that the new laws would usher in a new justice system in the country, emphasizing the government’s track record in following through on its promises, citing instances such as the Ram temple, Article 370, Triple Talaq, and women’s reservation.
Among the notable reforms, Shah outlined that the bills aimed to make the justice system more victim-centric while holding the police accountable. The proposed laws include provisions to expedite the legal process, with chargesheets required to be filed within 180 days and magistrates required to take cognizance within 14 days.
Moreover, the bills incorporate advancements in forensic science and make audio-video recording of statements mandatory for victims of rape. They also introduce provisions for the seizure of properties of criminals and the trial in absentia. Notably, undertrials who have served one-third of their punishment in jail may be eligible for bail.
As the Rajya Sabha deliberates on these transformative bills, they are poised to shape a new era in India’s criminal justice system, emphasizing victim rights, accountability, and technological advancements.
