Rajya Sabha passes historic criminal law bills; IPC, CrPC and Evidence Act replaced

In a landmark move during the winter session, the Rajya Sabha has unanimously passed three pivotal criminal law bills, signifying a significant overhaul of India's legal framework. The bills, namely, The Bharatiya Nyaya (Second) Sanhita, The Bharatiya Nagarik Suraksha (Second) Sanhita and The Bharatiya Sakshya (Second) Bill, 2023, replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.

Union Home Minister Amit Shah presented the bills, which were endorsed by the Lok Sabha a day earlier, and they secured approval through a voice vote. Chairman Jagdeep Dhankar expressed the historical significance of these legislative changes, stating, "These three bills have unshackled the colonial legacy of our criminal jurisprudence that was hurtful to citizens of the country and favoured alien rulers."

The bills, which faced scrutiny in the parliament's lower house amid the suspension of 141 opposition Members of Parliament, were introduced as part of the government's commitment to modernize and revamp the outdated colonial-era criminal laws. Home Minister Shah defended the reforms, emphasizing a departure from punitive measures to a focus on justice and reformation. He underscored the bills' intention to place citizens at the core of the criminal justice system, highlighting the incorporation of digitization, information technology, and the mandatory videorecording of search and seizure procedures.

Introduced during the monsoon session, the bills underwent thorough examination by the home affairs' standing committee, which submitted recommendations for changes. Notable recommendations included the retention of the adultery offence, with modifications for gender neutrality, and the inclusion of provisions for secure handling of electronic evidence in the Bharatiya Nagarik Suraksha Sanhita. Some aspects, such as retaining a provision similar to Section 377 to criminalize sexual offences, also drew attention.

Despite the discussions and recommendations, the bills received broad support in both houses, with Home Minister Shah noting that most changes made were grammatical in nature. The Centre reintroduced the revised bills on December 12 in the lower house, withdrawing the earlier versions introduced in August.