New bills to replace British-era laws

"I can assure the House that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime" - Union Home Minister Amit Shah

♦ Bharatiya Nyaya Sanhita (BNS) Bill, 2023, will replace the Indian Penal Code, 1860

♦ Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023, will replace Criminal Procedure Act, 1898

♦ Bharatiya Sakshya (BS) Bill, 2023, will replace the Indian Evidence Act, 1872

New Delhi: In a landmark move, Home Minister Amit Shah on Friday introduced three bills in Lok Sabha to replace colonial-era laws, asserting that the proposed laws will transform the country's criminal justice system and bring the spirit to protect the rights of Indian citizens at the centre stage.

Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively, and said the changes were done to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people. Shah said the new laws, once passed, will bring an overhaul of the criminal justice system and everyone will get justice in a maximum of three years. He said the new laws focus on women and children, have provision for crimes like mob lynching, and also defines terrorism for the first time.

The BNS Bill has provisions that seek to repeal sedition, and award maximum capital punishment for crimes such as mob lynching and rape of minors, the home minister said. The bill also has provisions to provide community service as one of the punishments for first-time petty offences. It also lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India.

“I can assure the House that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime,” Shah said while noting that the laws made by the Britishers were full of signs of slavery aimed at punishing those opposed to their rule. The minister also urged Lok Sabha Speaker Om Birla to refer the three bills for examination by the Parliamentary Standing Committee on Home Affairs.

The offences against women and children, murder and offences against the State have been given precedence, Shah said, adding that various offences have been made gender-neutral.

Under the new laws, the charge sheet will have to be filed within 90 days, and the court can give permission for another 90 days looking at the situation. Probe would have to be finished in 180 day and sent for trial. After trial, judgment will have to be given in 30 days. Sexual exploitation of women on the pretext of marriage, job, promotions or by hiding identity will be considered a crime. For gang rape, there is provision for punishment of 20 years imprisonment or life imprisonment, while there is a provision for death sentence in case of rape with minor. For mob lynching, there are provisions for seven years imprisonment, life imprisonment and death sentence as punishment. Sedition law will be completely repealed. “This is democracy, everyone has the right to speak,” said Shah.

Terrorism has been defined under the law for the first time, the minister said. According to the Nyaya Sanhita Bill, a terrorist is one who commits any act in India or in any foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order.