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The Lok Sabha today referred to the Parliamentary Standing Committee, three Bills that are aimed to completely overhaul the criminal justice system by replacing the Indian Penal Code, the Criminal Code for Procedure and the Indian Evidence Act.
For this purpose, Home Minister Amit Shah introduced Bhartiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Bill, 2023 respectively. The Bills have been framed after extensive consultation with various stakeholders including Supreme Court and High Court Judges Law Universities, Chief Ministers, Governors, etc. The Bills also take inspirartion from various Committee recommendations.
Amit Shah said provision of sedition offences will be completely repealed in the new bill replacing the IPC. I can assure the House that these bills will transform our criminal justice system, the home minister said.
The Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Bill, 2023 will be referred to a parliamentary panel for thorough examination, Shah confirmed.
Some of the key features proposed in bills are:
*Maximum capital punishment for crimes such as mob lynching and rape of minors
*Provisions to provide first-time community service as one of the punishments for petty offences
*Provision to try absconding criminals such as Dawood Ibrahim in absentia.
*Bill also lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India
Shah said, "The laws that are slated for replacement... their original intent was to safeguard and bolster the British administration, with the primary focus being punishment rather than the delivery of justice. Through their substitution, the newly introduced trio of laws aims to prioritize the protection of rights for the citizens of India."
"From 1860 to 2023, the country's criminal justice system functioned as per the laws made by the British. With these three laws there will be a major change in the criminal justice system in the country," he said.
"Under this Bill, we have set the goal that the conviction ratio has to be taken above 90 per cent. That is why, we have brought an important provision that the Sections which provide for 7 years or a greater jail term, under all those cases forensic team's visit to the crime scene will be made compulsory," Amit Shah said.
"The intention will shift from punishment to the provision of justice. Punishment will be administered to foster a sense of deterrence against criminal activities, " the home minister added.