Staff Reporter / NEW DELHI
Parliament has passed the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023, with the Rajya Sabha approving them today. Lok Sabha has already passed the Bills.
The Bharatiya Nyaya (Second) Sanhita, 2023 will replace the Indian Penal Code (IPC), 1860, which is the principal law on criminal offences in the country. The new bill adds community service as a form of punishment. The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 seeks to replace the Criminal Procedure Code, 1973 (CrPC). The CrPC provides for the procedure for arrest, prosecution, and bail. The Bharatiya Sakshya (Second) Bill, 2023 replaces the Indian Evidence Act, 1872.
The Act governs the admissibility of evidence in Indian Courts. It applies to all civil and criminal proceedings. The provisions have been made in these legislations to digitize the entire process from FIR to case diary, case diary to charge sheet, and charge sheet to judgment. Union Home Minister Amit Shah moved the Bills in the Upper House. Initiating the discussion on the Bills, Birjlal of BJP highlighted several provisions of the three legislations. He termed the three criminal bills as historic and the need of the hour.
Replying to the debate on the bill, Union Home Minister Amit Shah said that Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act were made to protect British rule after the 1857 freedom struggle. He said, earlier their objective was only to protect British rule as there were no provisions for protection of Indian citizens’ safety, honor and human rights. Mr Shah said that the government has not only changed the names of these old laws but brought these new bills with the objective to provide justice and not punishment. Mr Shah said, for the first time under the leadership of Prime Minister Narendra Modi, these new laws are being made as per the spirit of Indian Constitution. He said, the soul of these new laws is Indian and for the first time, Indian criminal justice system will be governed by laws made by India, for India and made in Indian Parliament.
He expressed confidence that after the implementation of the bills, all processes – from FIR to judgment – will be online. India will be the country in which the technology will be utilized in the criminal justice system. Home Minister said that the implementation of new criminal code laws will ensure speedy justice within three years instead of giving date after date to the people. He said that Narendra Modi government has taken a historic decision and completely removed the section of sedition. He said that the government has replaced sedition with treason in Bharatiya Nyaya Sanhita. The Home Minister said that no one can speak against this country and no one can harm its interests. Union Home Minister said that various provisions have been made in these laws for the safety of women and children. He said that a new chapter in this regard has been added in the Bharatiya Nyaya Sanhita as there is a provision for life imprisonment and death penalty for the crime of rape of a woman under 18 years of age. He said that in cases of gang rape, there is a provision of imprisonment of 20 years or imprisonment till death.
On terrorism, Mr Shah said that for the first time, the Narendra Modi government has defined terrorism in the criminal justice system. He added that that organized crime has also been defined and explained in these laws for the first time. He said that in caseof culpable homicide, there is a provision for lesser punishment if the accused goes to police to report the case and takes the victim to the hospital for medical treatment. He said that for the hit-and-run cases, there is a provision of 10 years of imprisonment.
Union Home Minister said that now the police will have to register an FIR within 3 days of the complaint and in cases involving a punishment of 3 to 7 years, the FIR will have to be registered after preliminary investigation. He said that now we have made a provision to send the medical examination report of the rape victim directly to the police station and court within 7 days without any delay. He said that now the time limit for filing the charge sheet has been fixed at 90 days and after this, the investigation can be conducted only for another 90 days. Mr Shah said that the magistrate will have to take cognizance of the case within 14 days and then action will start. He said that the request for acquittal by the accused will also have to be made within 60 days.
Mr Shah said that there are many cases in which the accused can be tried and sentenced even in his absence within 90 days. Now the judge will have to give his decision within 45 days of the end of the case. Along with this, there will be only 7 days between decision and punishment. Mercy petitions can be filed only within 30 days of the Supreme Court rejecting the appeal.
Earlier, participating in the debate, Sujeet Kumar of BJD said several suggestions of the Parliamentary Standing Committee have been incorporated in these new bills. He supported the Bills saying they are intended to do away with the colonial footprint. S Niranjan Reddy of YSR Congress also supported the Bills. BJP MP Phangnon Konyak expressed gratitude to the Prime Minister for bringing this vision of New India and taking confident strides towards Amrit Kaal. She said it is only right to put obscure laws made during British colonial eras behind. She added that the new laws have been framed keeping in mind the core values of the Constitution. BJP’s K Laxman said the Bills will ensure that all cases will be time-bound and justice will not be delayed.