The Indian government has introduced three bills aimed at replacing colonial-era laws and strengthening the country’s criminal justice system. These significant legislative developments were welcomed by legal experts who believe that the outdated laws are in dire need of modification.
The bills, titled the Bharatiya Nagarik Suraksha Sanhita 2023, the Bharatiya Nyaya Sanhita 2023, and The Bharatiya Sakshya Bill 2023, were presented in the Lok Sabha on the final day of the monsoon session of Parliament. Home Minister Amit Shah explained that the bills are being referred to the Standing Committee for scrutiny.
Former Union Law Secretary PK Malhotra expressed his support for the bills, stating that the replacement of the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act is a long-awaited and desired reform of the criminal justice system. Despite various reforms and recommendations from law commissions and committees, justice for the common man has remained elusive, with undertrials languishing in prisons for prolonged periods.
The proposed bills aim to introduce procedural changes such as community service for minor offenses, the use of technology in the justice delivery system, and the rationalization of punishment for serious offenses. These reforms are expected to expedite justice delivery and promote a more reform-oriented approach.
Senior Advocate Vikas Pahwa also highlighted the urgent need for modifications to the century-old criminal laws. He emphasized the importance of updating trial procedures, redefining penal offenses, and modernizing the law of evidence to align with contemporary India. Pahwa welcomed the government’s initiative to introduce these bills in Parliament, suggesting that they have the potential to revolutionize the way trials are conducted in the country.
Former Union Law Minister Ravi Shankar Prasad termed the three bills historic and emphasized their role in strengthening India’s criminal justice system. He noted that fugitives and terrorists will no longer evade trials, as punishment will be ensured. Prasad highlighted the relevance of the new bills in addressing offenses against women and children, crimes such as murder, offenses against the state, and the inclusion of terrorist acts and organized crime with deterrent punishments. Additionally, the bills aim to combat secession, armed rebellion, subversive activities, separatist activities, and actions that endanger India’s sovereignty and unity. There is also a provision for one-year imprisonment for those who bribe voters during elections.
The Bharatiya Nyaya Sanhita 2023 seeks to replace the IPC 1860, while the Bhartiya Nagrik Suraksha Sanhita 2023 aims to replace the Criminal Procedure Code. The Bharatiya Sakshya Bill 2023 will replace the Indian Evidence Act, 1872. Home Minister Shah emphasized that the bills aim to render justice rather than merely impose punishment. Their introduction follows extensive consultations.
These legislative developments mark a significant step toward modernizing India’s criminal justice system and ensuring justice for all. By replacing outdated colonial-era laws, the government aims to create a more equitable and effective legal framework. The proposed reforms, which prioritize offenses against women and children, as well as crimes against the state, will contribute to a safer and more just society. As these bills undergo scrutiny and potential enhancements in the Standing Committee, the hopes remain high for a more efficient and fair criminal justice system in India.
