Criminal law revamp

SEEKING to effect reforms in criminal law, the Lok Sabha — notably, in the absence of the 97 suspended Opposition MPs — on Wednesday passed the three redrafted Bills. From renaming the penal codes to repealing certain provisions and redefining other sections, the overhaul covers a lot of ground. It indicates an ambitious attempt to erase the colonial legacy and replace it with victim-centric laws in tune with contemporary reality.

Though it is too early to conclude that the makeover will better serve the interests of criminal justice delivery, the new Bills — the Bharatiya Nyaya (Second) Sanhita Bill, which replaces the IPC of 1860, the Bharatiya Nagarik Suraksha (Second) Sanhita, which takes the place of the CrPC of 1973, and the Bharatiya Sakshya (Second) Bill, substituting the Indian Evidence Act of 1872 — are more than a mere rechristening exercise. Some laudable decisions pertain to the decriminalisation of offences in the light of changing socio-cultural mores. The courts had shown the way and taking adultery, homosexual sex and attempt to suicide out of the new code is a progressive step. Equally vital is defining mob lynching, which has shockingly become commonplace in recent years, as a crime. Also welcome are the timelines prescribed for FIRs, investigations and the use of forensic methods and IT in policing. The penal code has been made more stringent for acts of terror, even as the introduction of community service as penalty for some minor transgressions is a reformatory step.

However, areas of concern remain. For instance, though the sedition law has been dropped — as per the government’s undertaking to the Supreme Court — its shadow should not fall on Section 152 that punishes perpetrators of acts ‘endangering sovereignty, unity and integrity of India’. Criminal law reform should remain a work in progress.

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