Amit Shah Withdraws Three Bills Replacing Criminal Laws, Introduces New Legislation Incorporating Parliamentary Committee Suggestions
The bills, introduced on August 11, sought to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872.
Home Minister Amit Shah withdrew and subsequently restored three bills in the Lok Sabha aimed at replacing criminal laws, namely the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023. Shah announced the withdrawal and reintroduction, stating that the decision came after the parliamentary standing committee on home affairs recommended changes following discussions with domain experts and stakeholders.
The bills, introduced on August 11, sought to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872. The parliamentary panel provided suggestions, prompting the bills' withdrawal and introduction of amended versions.
In the re-introduced bills, several changes were made, including a modification to the definition of terrorism in the Bharatiya Nyaya (Second) Sanhita Bill. The new definition now includes "economic security." Section 73 was also amended to make it punishable to publish court proceedings revealing the identity of victims of rape or similar offenses without court permission.
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Amit Shah clarified that most changes were grammatical, with only 3-4 parts being replaced. The bills were examined by the standing committee on Home Affairs, and the amendments took into account various suggestions. Shah stated that discussions on the bills would take place in the Lok Sabha, with voting scheduled for the following day.
The withdrawn bills underwent changes based on the standing committee's recommendations. The Bharatiya Nyaya Sanhita Bill, 2023, was introduced to repeal and replace the IPC. The parliamentary standing committee held discussions with officials from the Ministry of Home Affairs, Ministry of Law and Justice, domain experts, and stakeholders, submitting its recommendations on November 10. As a result, amendments were proposed, leading to the introduction of new bills.
The process reflects a comprehensive approach to amending criminal laws, incorporating expert opinions and stakeholder input in the legislative process. The amendments address issues such as the definition of terrorism and the protection of victims' identities in court proceedings.
