Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act

On the thirteenth day of the winter session, the Lok Sabha passed the three revised criminal law bills, namely, the Bharatiya Nyaya (Second) Sanhita, proposing to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, proposing to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian Evidence Act. The bills were passed along with certain new amendments moved by Union Home Minister Amit Shah. One of the amendments relate to giving exemptions to doctors in cases of death due to medical negligence.These bills passed the parliament's lower house on Wednesday afternoon, amidst the suspension of 141 opposition Members of Parliament (MP) from both houses. 13 legislators were suspended from the Lok Sabha last week, and 82 over the last two days, adding to a growing list of disciplinary action initiated against lawmakers. The proposed criminal law bills have been under scrutiny, with concerns raised previously by opposition leaders such as Adhir Ranjan Choudhary and Senior Advocate Kapil Sibal, who have highlighted potential violations of human rights and the inadequacy of safeguards against excesses by law enforcement agencies. Also Read - Highlights Of Bills Replacing IPC, CrPC & Evidence Act As Stated By Home Minister In Lok SabhaThe members of the ruling Bharatiya Janata Party (BJP) and its allies, however, have defended the bills, saying that while the extant British-era criminal laws are centred around punishment and deterrence, the proposed bills shift the emphasis to justice and reformation, keeping with the changing needs of modern-day India. Endorsing the bills, Biju Janata Dal legislator Bhartruhari Mahtab reasoned during the debate on the bills, "It is imperative that our outlook is changed and that law and order is viewed outside the colonial lens."BJP Member of Parliament (MP) Tejasvi Surya, representing the Bangalore South Lok Sabha constituency, also explained that the bills are an attempt to make the citizen the centre of the criminal justice system, and not the Crown, and formed a part of a conscious effort by the Prime Minister Narendra Modi-led government towards decolonisation of the country. "Swarajya has finally attained true meaning because our country is moving towards respecting swabhasha, swadharma, and swadesha," the legislator said. The bills' focus on digitisation and information and communication technology, among other things, gained the members' approval. "This is this age of communication and technology, and communication and technology is power," said senior advocate and former law minister Ravi Shankar Prasad. Prasad also hailed the provision for mandatory videorecording of search and seizure procedures, saying that it will check misuses. Other aspects that the legislators commended included the legislative effort to streamline and expedite the criminal justice system, in a bid to address the problems of deficiencies in investigation and court delays, and the wide ranging consultations that preceded the introduction of the three bills.Ravi Shankar Prasad also highlighted the provisions of the bill allowing in absentia trial in cases where the accused have absconded.Owing to the suspension of several opposition members, the three bills were passed by the Lok Sabha virtually unopposed. Dissenting voices were also conspicuously absent, apart from a handful of opposition members. Notably, All India Majlis-e-Ittehadul Muslimeen MP Asaduddin Owaisi raised concerns over the prejudice in the implementation of criminal laws against religious minorities and other vulnerable communities like Dalits and Adivasis. He also voiced his apprehensions about a provision in the Bharatiya Nagarik Suraksha Sanhita allowing police custody beyond 15 days, pointing to potential violation of civil liberties. Other aspects he touched upon included the non-inclusion of DK Basu guidelines, a prohibition on third parties from filing mercy petitions on behalf of death row prisoners, a bar on bail where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against an accused, and the lack of provisions penalising sexual assault against men and stalking of men. Further, he stressed that the provisions penalising terrorism could lead to misuse and questioned the government's attempt to reintroducing the offence of sedition without using this nomenclature, despite its undertaking to the Supreme Court.Shiromani Akali Dal leader Harsimrat Kaur Badal alleged during the debate that the bills conferred powers on the police without adequate checks and balance, which will lead to their arbitrary use. Such arbitrary powers are against liberty, democracy, dissent, and opposition. "Here is a living example," she said, pointing to the absence of opposition members from the forum. Similarly, MP Simranjit Singh Mann called for the bills to be debated when the opposition members are present, objecting...

Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act

Awstika Das

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