The Indian government has reintroduced three revised criminal law amendment bills in the lower house of Parliament, following their initial introduction and subsequent withdrawal earlier this year. These bills, which aim to supersede several British-era laws, had previously been reviewed by the Parliamentary Standing Committee on Home Affairs.
The reintroduced legislation includes the Bharatiya Nyaya Sanhita Bill (Second), 2023, Bharatiya Sakshya Bill (Second), 2023 and Bharatiya Nagarik Suraksha Sanhita Bill (Second), 2023. These are set to replace the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure, respectively, changing British-era laws that are still in practice in the country.
Despite suggestions for various changes by the Parliamentary Standing Committee, the revised bills contain little modification from their former versions. Justifying this, Home Minister Amit Shah commented that introducing new bills was more practical than making extensive amendments to the originals. He added that adequate time of 48 hours had been allotted for members to review the bills.
The Bharatiya Nyaya Sanhita Bill (Second), 2023, proposes a reconstitution of adultery as a crime and an extension of the definition of a “terrorist act”. Despite the Supreme Court of India striking down adultery as an offense in 2018, the new bill reinstates it under clause 84, and additionally criminalizes the enticement of women for illicit intercourse. Furthermore, the category of a “terrorist act” now covers any action potentially threatening economic security or causing damage to any property utilized for defense purposes in India.
Additionally, the revised legislation maintains the death penalty as an available form of punishment, despite numerous requests for its abolishment, as revealed in a report by the Parliamentary Standing Committee. Two new provisions are also introduced within the revised Bharatiya Nyaya Sanhita Bill (Second), 2023 – section 86 defining cruelty against women, and section 73 making the unauthorized publication of court proceedings a punishable offense.
Deliberations and further action regarding this legislation are expected to unfold in the Parliament in the near future. For the complete article, follow this link.