New Delhi: The Lok Sabha on Wednesday passed three redrafted bills -- the Bharatiya Nyaya (Second) Sanhita Bill, Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill -- to replace the colonial-era criminal laws by voice vote.
The three bills were introduced in the Lok Sabha by Union Home Minister Amit Shah last week. Replying to a debate on the three bills, Mr Shah said that the three bills to replace the colonial-era criminal laws seek to bring comprehensive changes to the criminal justice system with a human-centric approach and a focus on imparting justice instead of imposing penalties.
The Bharatiya Nyaya Sanhita Bill seeks to replace the Indian Penal Code of 1860. The Bharatiya Nagarik Suraksha Sanhita Bill will replace the Code of Criminal Procedure Act of 1973 and the Bharatiya Sakshya Bill will replace the Indian Evidence Act of 1872.
The Union home minister said the proposed laws were framed after comprehensive consultations and that he had gone through every comma and full stop of the three draft legislations before tabling them in the House for approval.
The Union home minister pointed out that the existing criminal laws -- Indian Penal Code (IPC), Indian Evidence Act and the Code of Criminal Procedure (CrPC) -- were reflective of the colonial mindset, with the intention to punish and not impart justice. "The three new bills seek to establish a justice system based on Indian thinking. The three proposed criminal laws will free people from colonial mindset and its symbols," Mr Shah said.
The minister informed the Lok Sabha that the three laws also have a clear definition of terrorism, scrap sedition as a crime and introduce a new section titled "offences against the state".
"For the first time, the criminal justice system will have a 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, the British Kingdom, the crown, barrister, ruler after 75 years of Independence," Mr Shah said.
He said that colonial-era laws prioritised acts of "looting the treasury", "uprooting rail tracks" and "insult to the crown" over crimes against women and children, human rights, border security and the Army.
He further noted that the old laws had listed rape under Section 375-376, whereas the new bill lists the crime under Section 63. Likewise, murder was listed under Section 302 and now it is under Section 101; kidnapping was under Section 359 but now it is under Section 136.
Listing the features of the bills, Mr Shah said, "This bill punishes mob lynching with the death penalty. (Congress leader P,) Chidambaram kept asking me, what about mob lynching? He does not understand the BJP and our mentality. Why did you not penalise mob lynching during your rule? If one's mind is Indian, you will understand the laws. If it is Italian, you won't."
“The three bills reflect the spirit of the Constitution. But those with an Italian mindset will never understand it," he said in a dig at the Opposition Congress, adding that the three laws are based on justice, transparency and fairness.
"This is the first government that has fulfilled the promises it has mentioned in its manifesto. We have revoked Article 370, removed AFSPA from 70 per cent areas in the northeastern states, banned triple talaq and have given 33 per cent reservation to women in Parliament," Shah said.
