The Lok Sabha, through a voice vote, passed three bills aimed at replacing the colonial-era criminal laws, marking a significant legislative development. Introduced by Home Minister Amit Shah, the redrafted bills are named the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill. Alongside these, the Telecommunications Bill, 2023, was also passed through a voice vote.
The proceedings occurred in the absence of 97 Opposition MPs, who were suspended due to misconduct and unruly behavior over the past week. The trio of bills seeks to replace the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898, and the Indian Evidence Act of 1872, respectively.
Amit Shah emphasized that these bills were formulated after thorough consultations, with meticulous scrutiny of every detail before being tabled in the Lok Sabha. The proposed laws aim to establish a justice system grounded in Indian principles, challenging the colonial mindset reflected in existing laws that focus on punishment rather than justice.
Elaborating on the changes introduced by the bills, Shah highlighted the provision for trial in absentia as a notable addition to the criminal justice system. This allows for cases involving individuals hiding in other countries to proceed with trials even if they fail to appear in court within 90 days. Shah asserted that appointing a public prosecutor for their prosecution and ensuring a swift trial would expedite the process and change their legal status in the other country.
Under the proposed laws, the accused will now have seven days to file a plea for acquittal, and the judge must conduct the hearing within that timeframe. The maximum time for a case to come to trial is set at 120 days. Additionally, provisions for plea bargaining have been introduced, where accepting one’s crime within 30 days of its occurrence will result in a reduced punishment.
Shah emphasized that the new laws address financial challenges for the poor seeking justice, aiming to eliminate delays in the judicial process. By establishing clear parameters, the legislation seeks to bring transparency and efficiency to the legal system. The passage of these bills represents a significant step toward modernizing and reorienting India’s legal framework.
