NEW DELHI: In a significant move to abolish three British-era criminal laws, Union Home Minister Amit Shah on Friday introduced in Lok Sabha three Bills aimed at giving justice and protecting the rights given to Indian citizens by Constitution.
Introducing the bills, he said the soul of these three new laws will be to protect all the rights given by Constitution to the citizens.
Shah said that the three bills – The Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and Bharatiya Sakhshya Bill, 2023- fulfil a vow outlined by Prime Minister Narendra Modi in his Independence Day address to end all signs of slavery.
The bills will abolish the Indian Penal Code, 1860, Criminal Procedure Code, (1898), 1973 and the Indian Evidence Act, 1872 made by the British.
“The Indian Penal Code, 1860 will be replaced by the Bharatiya Nyaya Sanhita Bill, 2023; the Criminal Procedure Code, 1898 will be replaced by the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Indian Evidence Act, 1872 will be replaced by the Bharatiya Sakshya Bill, 2023,” he said.
He said British-era laws were made to strengthen and protect their rule and their purpose was to punish, not to give justice.
“We (government) are going to bring changes in both these fundamental aspects. The soul of these three new laws will be to protect all the rights given by the Constitution to the Indian citizens. The objective will not be to punish anyone but give justice and in this process, punishment will be given where it is required to create a sense of prevention of crime,” Shah stressed.
He said from 1860 to 2023, the criminal justice system of India continued to be operated on the basis of the laws made by the British Parliament, but now these three laws will be replaced with new laws imbibing India’s soul.
He said that in the current laws, heinous crimes like murder or crimes against women were placed very low and crimes like treason, robbery and attack on the official of the government were kept above these.
“We (Modi government) are changing this approach and the first chapter in these new laws will be on crimes against women and children. The second chapter will be on murder and homicide and criminality with the human body. We have brought this law by taking a very principled decision of bringing the citizen at the centre instead of governance,” he said. .
Shah said that a long consultative process has been followed in making of the bills.
He said PM Modi had said in 2019 that all the laws made during the British time across all the departments, should be made in accordance with the present time and in the interest of the Indian society after adequate discussion and consideration
The Minister said that in August 2019, he had written letters to all the judges of the Supreme Court, the Chief Justices of all the High Courts of the country and all the law universities of the country. “In 2020, letters were written to all MPs, Chief Ministers, Governors and Administrators of Union Territories. After extensive consultation, today this process is going to become a law.”
Shah said that 18 states, six Union Territories, a Supreme Court, 16 High Courts, five judicial academies, 22 Law Universities, 142 Members of Parliament, about 270 MLAs and people gave their suggestions regarding these new laws and that for four years these were discussed in depth and he himself was present in 158 meetings.
The Home Minister said that Bharatiya Nagarik Suraksha Sanhita Bill, which will replace CrPC, will now have 533 sections. “A total of 160 sections have been changed, nine new sections have been added and nine sections have been repealed,” he said.
The Bharatiya Nyaya Sanhita Bill, which will replace the IPC, will have 356 sections instead of the earlier 511 sections, the minister said, adding that 175 sections have been amended, 8 new sections have been added and 22 sections have been repealed.
Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167. Shah said 23 sections have been changed, one new section has been added and five repealed. (ANI)