Criminal law Bills

FIRST tabled in August, the three redrafted criminal law Bills now incorporate the recommendations of the Parliamentary Standing Committee on Home Affairs. The Bharatiya Nyaya (Second) Sanhita Bill, which is set to replace the colonial-era Indian Penal Code, expands the definition of a terrorist act. It proposes to bring within its purview threats to the economic security and monetary stability of the country. According to Section 113, any act causing damage to the monetary stability of India by way of production or smuggling or circulation of counterfeit paper currency, coins or of any other material shall be termed a terrorist act. By enlarging the ambit of the law, the Centre also seeks to bring within its jurisdiction offences committed against the State.

The Bharatiya Sakshya (Second) Bill and the Bharatiya Nagarik Suraksha (Second) Sanhita are set to replace the Indian Evidence Act and the Code of Criminal Procedure, respectively. The discussion on the Bills in the Lok Sabha is slated for today and voting could take place tomorrow. The Centre has denied there was any undue haste in getting the Bills passed and ruled out referring these to any other panel. An informed debate laying out the contours of the Bills would be in public interest. A thorough discussion on the proposed changes is needed. It is also imperative to allay concerns that the new laws would provide a quantum leap in powers to the government. The Unlawful Activities (Prevention) Act is already mired in controversy over allegations of misuse and overreach.

There is merit in proposals such as community service as punishment for petty offences and mandatory videography during some stages of investigation. A comprehensive reading out of the key changes and debating the pros and cons would be in order.

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