Bharatiya Nyay Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Bills Passed

• 26 Dec 2023

In a historic move, recently the Parliament passed the Bharatiya Nyay Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Bill, replacing the Indian Penal Code, Criminal Procedure Code, and the Evidence Act.

• The Rajya Sabha gave its assent to these three Bills earlier passed by the Lok Sabha, marking the end of colonial criminal justice laws in India.

Key Points

• Indian Laws: Union Home Minister stated that these laws are made by Indians, for Indians, and by the Indian Parliament, focusing on justice rather than punishment.
• Unanimous Passage: The three Bills were passed unanimously, with the Opposition walking out in protest against Home Minister's refusal to address the security breach in Parliament.
• End of Colonial Laws: The Home Minister emphasized that these laws mark the end of colonial criminal justice laws that protected British rule and were not focused on Indian interests.
• Indian Ethos: The "soul, body, and spirit" of the new laws are Indian, ensuring political, economic, and social justice with an Indian ethos.
• Provisions of the Laws: The new laws aim to eliminate delays in justice, introduce e-FIRs and Zero FIRs, digitize records, and impose strict punishments for offenses such as rape, gang rape, terrorism, and organized crime.
• End of Sedition: Sedition is replaced with Deshdroha, and Home Minister highlighted the repeal of laws that led to the imprisonment of Mahatma Gandhi, Bal Gangadhar Tilak, and Veer Savarkar.
• Stricter Punishments: Punishments have been made stricter for 82 offenses, 19 sections are annulled, and 21 new crimes are added under the new laws.
• Community Service Provision: There is a provision for community service instead of jail for minor offenses; FIRs must be registered within three days, chargesheets filed within 180 days, and death sentence for those found guilty of mob lynching.
• Clear Definition of Terrorism: The legislation includes a clear definition of terrorism, allowing for a more comprehensive and modern approach to criminal justice.