Lower house of Indian parliament passes 3 criminal law bills, replacing IPC, CrPC, Evidence Act

The lower house (Lok Sabha) of the Indian Parliament on Wednesday (Dec 20) passed the three revised criminal law bills, along with certain new amendments moved by Union Home Minister Amit Shah.

The three bills passed arethe Bharatiya Nyaya (Second) Sanhita,Bharatiya Nagarik Suraksha (Second) andBharatiya Sakshya (Second) Sanhita which will replacethe Indian Penal Code (IPC),Code of Criminal Procedure (CrPC) andthe Indian Evidence Act respectively.

During the debate on the bills, Shah said the proposed laws have a clear definition ofterrorism, scrap sedition as a crime and introduce a new section titled "offences against the state".

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Organised crime, terrorism, and murder by a group of five or more on the basis of caste, language or personal belief have been added as offences. Additionally, Shah said there will be a provision for the death penalty for the crime of mob lynching.

One of the biggest gripes that ordinary citizens had with the previous laws was the tardiness of the justice system. Shah said under the new laws, the accused will get seven days for a plea for acquittal. Meanwhile, the judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case will come to trial.

Removing colonial identity

Shah added that the previous laws reflected a colonial mentality and that the revamped laws will be in line with 'Indian thinking'.

"The three new bills seek to establish a justice system based on Indian thinking. Three proposed criminal laws will free people from the colonial mindset and its symbols," Shah said.

"For the first time, the criminal justice system will have the human touch. Till we repeal these old laws, we are still following laws made by the UK government. We still use English words like Her Majesty, British Kingdom, the crown, barrister, ruler after 75 years of independence," he added.

The bills were passed even as 97 opposition MPs remained suspended and away from the all-important proceedings. The three bills were first introduced in the house in August during the monsoon session of the Parliament.

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The Bharatiya Nagrik Suraksha (Second) Sanhita will now have 531 Sections, down from the 533 Sections that the first bill had.

The Bharatiya Sakshya Bill remains unchanged and has 170 Sections. Of these, 23 Sections have been sourced from the Indian Evidence Act.

(With inputs from agencies)