New Delhi: Union Minister of Home Affairs Amit Shah has introduced three groundbreaking bills in the Lok Sabha. These transformative legislations aim to replace the outdated statutes governing the criminal justice system. The bills unveiled by Minister Amit Shah are the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; the Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and the Bharatiya Sakshya (BS) Bill, 2023. These bills are poised to replace the archaic Indian Penal Code of 1860, Criminal Procedure Act of 1898, and the Indian Evidence Act of 1872, respectively.
Minister Amit Shah expressed his conviction during the bill introductions, stating, “I assure the esteemed House that these bills will bring about a profound transformation in our criminal justice system. Our objective is not just punitive measures, but the delivery of justice itself. Punishment will be employed to foster a deterrent against criminal activities.”
Outlined below are key highlights of the three introduced bills:
Bharatiya Nyaya Sanhita (BNS) Bill, 2023
The BNS Bill is designed to supplant the antiquated Indian Penal Code (1860). It seeks to prioritize cases involving women, children, murder, and offenses against the State.
For the rape of a minor under twelve years of age, the prescribed punishment entails a minimum imprisonment of twenty years, extendable to life imprisonment or even capital punishment. The bill also mandates stringent sentences for various forms of gang rape, with either a twenty-year prison term or life imprisonment.
Notably, the bill introduces capital punishment for mob lynching incidents based on factors like race, caste, religion, etc. The provision states that individuals engaged in group murders for these reasons shall face the death penalty, life imprisonment, or a minimum seven-year imprisonment term.
Sedition laws have been revisited, with the term “sedition” being replaced by “Section 150 for acts endangering sovereignty, unity, and integrity of India.” The bill makes the definition more comprehensive, encompassing actions that incite secession, rebellion, or activities that challenge the nation’s sovereignty.
Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023
The BNSS Bill aims to replace the existing Criminal Procedure Code (CrPC), streamlining and enhancing the justice delivery process. It introduces clear timelines for investigations and grants citizens involved in cases access to First Information Reports (FIRs).
A crucial provision mandates the Magistrate to provide the accused and the victim (if represented by an advocate) with a free copy of the FIR within fourteen days of the accused’s appearance.
Additionally, the bill introduces the concept of “zero FIR,” allowing any police station across the country to accept and initiate a complaint. Subsequently, the complaint is transferred to the relevant jurisdiction within 15 days.
The bill also mandates summary trials for minor offenses and incorporates the use of electronic means for examining accused individuals, such as through video conferencing.
Bharatiya Sakshya (BS) Bill, 2023
Replacing the outdated Indian Evidence Act of 1872, the BS Bill acknowledges the technological advancements of recent decades. The legislation validates the admissibility of electronic or digital records as evidence, granting them the same legal standing as physical records.
The scope of secondary evidence has been expanded to encompass copies produced through mechanical processes, counterparts of documents, and oral accounts of document contents by individuals who have seen them.
Minister Amit Shah has urged Lok Sabha Speaker Om Birla to refer these groundbreaking bills to the Parliamentary Standing Committee on Home Affairs for thorough examination and evaluation. The introduction of these bills marks a transformative step toward a more just and efficient criminal justice system in India.