The lower house of India’s Parliament, popularly known as the Lok Sabha, has made international headlines for its passage of three criminal law amendment bills: Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023. Described as revised iterations of older versions, they aim to replace existing laws, including the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898, and the Indian Evidence Act of 1872 respectively. It is interesting to note that the revised bills were introduced a week prior after older versions were withdrawn to implement minor changes. 1
These bills were passed despite significant unrest in the house due to the suspension of 95 opposition members. The cause of this suspension was reportedly protests related to a recent security breach incident. As a result of these suspensions, the passage of these three laws through the Lok Sabha faced almost no opposition. Some legal authorities suggest that the absence of these members from the house highlights the lack of any significant dissenting opinion. 2
The Home Minister of India, Amit Shah, openly voiced his support for these bills. He highlighted that they were founded on principles pertinent to person’s freedom, human rights, and impartiality. He was of the opinion that the laws embody the spirit of the original Indian Code of Justice and that they were anchored in shifting the paradigm of the justice system in India. Shah also stressed the bills’ role in liberating the citizens from colonial mindset and symbols. However, not everybody shares Shah’s enthusiasm; indeed, some human rights activists have expressed concerns over the laws, even going so far as to call them “draconian”. 3
Now approved by the Lok Sabha, the bills will proceed to the Rajya Sabha, the Upper House of the Indian Parliament. This development coincided with the additional suspensions of two opposition MPs from the Lok Sabha, putting the cumulative total at 97 suspended members. The political as well as the legal implications of such significant changes to India’s criminal justice system remain to be seen. 4