President Murmu's New Criminal Laws

President Murmu Approves Three New Criminal Laws

President Droupadi Murmu granted her assent to three crucial criminal law bills on December 25, marking a significant legislative development.

The bills, namely Bharatiya Nyaya (Second) Sanhita (formerly Indian Penal Code), Bharatiya Nagrik Suraksha (Second) Sanhita (formerly Code of Criminal Procedure (CrPC)), and Bharatiya Sakshya (Second) Sanhita (formerly Indian Evidence Act), were successfully passed by both the Lok Sabha on December 20 and the Rajya Sabha on December 21, subsequently becoming law.

Implementation Awaited: Home Ministry to Notify Effective Dates

The Home Ministry is set to notify the effective dates from which these Acts will come into force. The passage of these bills, however, occurred amidst controversy, as 49 Members of Parliament were suspended from both houses during the legislative process.

Controversy and Concerns: Potential Impact on Human Rights

Concerns have been raised regarding the potential consequences of these bills, with fears that they might lead to an excessive use of police force, posing a threat to human rights. Home Minister Amit Shah, defending the bills in Parliament, emphasized that they aim to eliminate the remnants of colonial-era laws, ushering in a new era aligned with constitutional principles.

Key Provisions and Changes: A Shift from Colonial Legacy

The Bharatiya Nyaya (Second) Sanhita currently consists of 358 sections, while the Bharatiya Nagrik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Sanhita comprise 531 and 170 sections, respectively. Notably, under the Bharatiya Nyaya Sanhita (BNS2), the terminology for sedition has transitioned from ‘Rajdroh’ (against the government) to ‘Deshdroh’ (against the nation). Additionally, the inclusion of ‘organized crime’ as an offense introduces a broader scope, covering activities such as kidnapping, extortion, and cybercrime perpetrated on behalf of a crime syndicate.

Parliamentary Journey: From Introduction to Recommendations

Originally introduced on August 11, the bills underwent scrutiny by a Parliamentary Standing Committee on Home Affairs, which made several recommendations.

In essence, the approval of these bills reflects a significant legislative overhaul, aiming to modernize and align the legal framework with contemporary challenges and constitutional principles.

_{Repurposed article originally published in The News Minute}