Jurist India government introduces revised criminal law amendment bills with minor changes

[Dadparvar]

The India’s government reintroduced three revised criminal law amendment bills in the lower house of Parliament on Tuesday after withdrawing the three bills, which were initially introduced in August. The three reintroduced criminal law amendment bills include the Bharatiya Nyaya Sanhita Bill (Second), 2023, Bharatiya Sakshya Bill (Second), 2023 and Bharatiya Nagarik Suraksha Sanhita Bill (Second), 2023 which are to replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure, respectively. These bills aim to overhaul the British-era criminal laws that continue to govern the criminal justice system in India.

Earlier this year, the bills were referred to the Parliamentary Standing Committee on Home Affairs. The committee then submitted its report on the proposed bills, suggesting various changes. While introducing the new bills, Home Minister Amit Shah said:

There are no major changes. Had we continued with the old Bills, several official amendments would have had to be made, so we decided to introduce new Bills instead. Adequate time, 48 hours, has been given to members to study the Bills. We do not want to pass such important pieces of legislation in a hurry.

The Bharatiya Nyaya Sanhita Bill, 2023, which is set to replace the Indian Penal Code, has reintroduced adultery as a crime under clause 84. Under the new bill, even “enticing” women for illicit intercourse is now an offense. Previously, in 2018, the Supreme Court of India struck down adultery as an offense on grounds that it was discriminatory. Also under the latest iteration of the bill, the definition of a “terrorist act” has been expanded to include “any act with the intent to threaten or likely to threaten economic security” and “damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India.” Additionally, the revised bill continues to keeps death penalty as a form of punishment.

In its report, the Parliamentary Standing Committee on Home Affairs stated that it received several requests to abolish the death penalty. The revised Bharatiya Nyaya Sanhita Bill, 2023 also introduces two new provisions: section 86 which defines “cruelty against a woman” and section 73 which makes it punishable to publish court proceedings without permission.

Parliamentary discussions and further action on the bills are forthcoming.

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