Home Minister Amit Shah withdraws three bills on criminal laws; introduces afresh with amendments
Ajay Banerjee
New Delhi, December 12
Union Home Minister Amit Shah on Tuesday withdrew the three bills on reforming the British-established system of law and justice and re-introduced the bills in Lok Sabha.
Shah withdrew the three bills — the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Bill, 2023.
These bills were introduced on August 11 and were referred to the Standing Committee on Home Affairs for examination and report. The report of the committee was tabled in Lok Sabha on December 4.
The Home Minister also reintroduced the bills afresh with amendments saying “the standing committee gave several recommendations and there was a need to have several amendments hence we have brought new bills”.
There are grammatical changes and only five sections have undergone major changes, Shah said adding “this is an important legislation we don’t want to rush it”.
Responding to demands of the Congress leader Adhir Ranjan Chowdhury, Shah assured “there is 12 hour discussion planned starting December 14 in Lok Sabha; in case there is a suggestion, it will be incorporated”.
The new bills are called: The Bharatiya Nyaya (Second) Sanhita, 2023; The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and The Bharatiya Sakshya (Second) Bill, 2023.
These bills seek to replace the Indian Penal Code (1860), the Indian Evidence Act (1872) and the Code of Criminal Procedure (1898), respectively.
The bills have undergone wide consultation in the past four years. Already the Ministry received responses from 18 states, 6 UT’s, the Supreme Court, 16 High Courts, 5 legal academies, 5 universities, 142 MP’s and 270 MLA’s for suggestions.
These look to define the powers of the police and also lay down time-period on presenting chargesheet in court.
The bills provide that complaints against Police officers and civil officers need government sanction before the officer can be charge-sheeted and no trial can start without permission of government.
Now under the new clauses, the government will give a decision either way within 120 days, otherwise it will deemed to have given permission.
Meanwhile, inter-state gangs to face stricter penalty. Those establishing physical relations with women on false identities and make false claims while marrying a woman will face criminal action.
The bills propose death penalty for gang rape of minor. In case of commuting prison sentences, the bills look to define that death sentence can and be commuted to life sentence.
