The Lok Sabha passed on Wednesday three important bills to completely overhaul the nation’s criminal laws: the Bhartiya Nyaya (Second) Sanhita, 2023; and the Bharatiya Nagarik Sakshya (Second) Bill, 2023. These bills range from decriminalizing homosexuality and adultery to expanding detention in police custody from the current 15 days to up to 90 days.
These will take place under the Indian Evidence Act of 1872, the Code of Criminal Procedure of 1973 (originally enacted in 1898), and the Indian Penal Code (IPC), 1860, once they are enacted.
Union Home Minister Amit Shah, who is leading the bills, stated that their goal is to indigenize laws that were initially passed by the British.
The government claims that three specific IPC provisions—adultery, the criminalization of homosexuality, and sedition—that have served as emblems of colonial imprints have been removed.
The fine print, however, reveals that the term “rajdroh” has been replaced with “deshdroh” for the crime of sedition, which is currently illegal due to a Supreme Court ruling.
Shah took advantage of the House Bill debate, where rows of empty benches denoted the opposition block after 97 opposition members were suspended, to intensify his criticism of Congress.
He vehemently defended the Bill’s provisions, which redefined terrorism and changed the definition of sedition, and he said that any act that is hostile to the country will be punished.
The British do not rule like this. This is not how Congress operates. This is how the BJP and Narendra Modi are in power. He said that defending terrorism won’t hold water in this situation.
Under Modi’s leadership, laws are being made for the first time in accordance with the spirit of our Constitution. After 150 years, I am proud to have changed these three laws, he declared.
On the final day of Parliament’s monsoon session in August, the three bills were first introduced and referred to a permanent committee of the legislature.
Nine meetings were held over the course of six days in September and October by the standing committee, which was presided over by BJP MP Brij Lal.
The report made some changes and suggestions but overall “embraced” the laws. The committee’s opposition members, who included Derek O’ Brien of the TMC and P Chidambaram of the Congress, voiced disapproval due to issues with the committee’s short consultation period and the selection of subject matter experts that were consulted.
Speaking about the NDA government’s fulfillment of the BJP’s election promises, Shah stated, “We had said that we would remove Articles 370 and 35-A, and we removed them.” We fulfilled our promises to put an end to terrorism, implement a zero-tolerance policy, and give security personnel unrestricted access.
Ram Lalla will now be dedicated on January 22, 2024, as we had previously stated that a Ram Temple would be constructed in Ayodhya. The government of Narendra Modi follows through on its promises.
He stated,” These laws were enacted by a foreign ruler to continue its rule,” in reference to the current criminal laws. These laws were passed in order to control their subjects.
Giving an account of the modifications made to the criminal justice laws, he stated that the CrCP, which had 484 sections, would now have 531 sections in the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; changes had also been made to 177 other sections, nine new sections and 39 sub-sections, 44 new clarifications, the addition of time frames in 35 sections, and the elimination of 14 sections.
