The proposed legislative measures are designed to overhaul the criminal justice system in the country, prioritizing the concept of "justice" over mere "punishment," as articulated by the central government. During deliberations on the three newly introduced criminal law bills in Lok Sabha, Union Home Minister Amit Shah, on Wednesday, highlighted a significant provision in the proposed laws – the inclusion of the death penalty for offenses related to mob lynching.
Of particular note, Lok Sabha witnessed the passage of the Bharatiya Nyaya (Second) Sanhita Bill, Bharatiya Nagarik Suraksha (Second) Sanhita Bill, and the Bharatiya Sakshya (Second) Bill on the same day.
In a noteworthy announcement, Minister Shah revealed the government's decision to abolish the sedition law, citing its historical use by the British to incarcerate Indian freedom fighters such as Tilak Maharaj, Mahatma Gandhi, and Sardar Patel. Describing it as a relic of colonial rule, Shah emphasized that the Modi government is taking the unprecedented step of completely discarding the sedition law.
According to Amit Shah, the Bharatiya Nyaya Sanhita, poised to replace the Indian Penal Code, underscores a shift towards a justice-oriented framework rather than a punitive one.
The legislative trio, namely the Bharatiya Nyaya Sanhita Bill, 2023; Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and Bharatiya Sakshya Bill, 2023, originally introduced during the Monsoon Session, saw amended versions tabled by Shah in the subsequent Winter Session.
Significant alterations in the proposed laws were elucidated by Shah, who emphasized the establishment of a system to reinforce police accountability. Notable changes include the mandatory recording of details about arrested individuals at every police station, with a designated police officer entrusted with the responsibility of maintaining these records.
Discussing key provisions, Shah highlighted the government's commitment to gender-neutral trafficking laws. He also indicated that the rape of a girl under 18 years of age would automatically trigger the application of POCSO equivalent provisions under the new legislation.
Amit Shah outlined the inclusion of a comprehensive definition of terrorism, a significant first according to him. This move is aimed at preventing any exploitation arising from the absence of a clear definition of terrorism in existing laws.
In the realm of vehicular offenses, Shah addressed the redefinition of accidental death and death due to negligence. In the event of a hit-and-run, if the driver takes the victim to the hospital, a more lenient punishment will be meted out compared to cases where a hit-and-run occurs.
To expedite legal proceedings, the proposed laws afford the accused seven days to plea for acquittal, with a mandated hearing within that timeframe. The overall trial period is capped at a maximum of 120 days.
Furthermore, Shah highlighted the introduction of time limits for plea bargaining, stating that accepting culpability within 30 days of the crime would result in a lesser punishment. Additionally, a provision has been made for the compulsory presentation of all relevant documents within 30 days during trials to prevent unnecessary delays.
Regarding the registration of cases, Shah outlined a stringent timeline, specifying that an FIR must be registered within three days, or a maximum of 14 days in cases punishable with imprisonment ranging from three to seven years. This meticulous approach is intended to streamline the legal process and ensure prompt resolution.
