Recently, the Central Government has chosen to withdraw three significant criminal law reform bills aimed at replacing key legislative acts – the Indian Penal Code (IPC), the Indian Evidence Act, and the Code of Criminal Procedure (CrPC). This decision, announced by Union Home Minister Amit Shah, marks a shift in the government’s approach to legal reforms.
Withdrawal and Replacement Decision:
The government’s decision to withdraw the bills, namely Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill, and Bharatiya Nagarik Suraksha Sanhita, was communicated by Home Minister Amit Shah to members of the Lok Sabha on December 11. The withdrawal is not an abandonment of reform efforts but a strategic move to reintroduce the bills with necessary changes recommended by a parliamentary committee.
Centre Withdraws Bills Introduced To Replace IPC, CrPC & Evidence Act; To Be Reintroduced With Suggestions Of Committeehttps://t.co/jYI3ivSDWl
— Live Law (@LiveLawIndia) December 12, 2023
Committee Recommendations:
During the Monsoon session of the Lok Sabha, the bills were initially introduced by Union Home Minister Amit Shah and subsequently referred to the Parliamentary Standing Committee on Home Affairs. The committee’s recommendations, submitted last month, include crucial changes to the proposed bills. Noteworthy recommendations include the reintroduction of a gender-neutral provision criminalizing adultery, addressing concerns raised by the Supreme Court in 2018. Additionally, the committee proposed retaining a provision akin to Section 377 IPC for criminalizing non-consensual homosexual acts.
Centre Withdraws Bills Introduced To Replace IPC, CrPC & Evidence Act; To Be Reintroduced With Suggestions Of Committee
— Social News Daily (@SocialNewsDail2) December 12, 2023
The Central Government has decided to withdraw the three criminal law reform bills – Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik… pic.twitter.com/zOTELsIs5n
Digital Evidence and Police Custody Concerns:
The committee’s report also highlights the need for provisions in the new CrPC bill to secure digital evidence, reflecting the evolving nature of criminal activities in the digital age. Concerns were expressed about a provision allowing police custody beyond 15 days of arrest, indicating the committee’s commitment to safeguarding individual rights. Furthermore, the committee suggested that the modalities of online FIR be left to the discretion of individual states.
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Timeline for Reintroduction:
The withdrawal of the bills signals a commitment by the government to a more deliberative and inclusive legislative process. The reintroduction of the bills, incorporating the committee’s suggestions, is expected to take place once the recommended changes have been thoroughly reviewed and implemented. The timeline for this reintroduction will be determined by the government’s dedication to addressing the concerns and ensuring a comprehensive and well-informed legal framework.
The decision to withdraw and subsequently reintroduce the criminal law reform bills demonstrates the government’s responsiveness to public concerns and a commitment to refining legislative proposals through a consultative approach. As the parliamentary committee’s recommendations are incorporated, the upcoming reintroduction of these bills will likely be a more refine and comprehensive effort towards modernizing India’s criminal justice system.
