Criminal Law Bills Must Not Be Passed In Haste
The India Commentary view
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By Our Editorial Team
First publised on 2023-12-14 08:11:11
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The India Commentary view
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After the government had introduced the three new bills - Bharatiya Nyaya Sanhita (BNS), 2023, to replace the Indian Penal Code; Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for CrPC; and Bharatiya Sakshya (BS) Bill, 2023, for the Indian Evidence Act - to overhaul the colonial-era criminal justice system in India and referred them to a Parliamentary committee, it was hoped that the committee would study the provisions in detail and make meaningful suggestions for the betterment of the bills. Sadly, that was not so. By all accounts, the committee conducted a rush job and its choice of domain experts for consultation has also been questioned. The result is that the reintroduced bills make no significant changes from the original versions.
While it is good that the government did not heed the committee's retrograde suggestion to criminalize adultery, it is distressing that it failed to criminalize marital rape. The institution of marriage does not sanctify forced intercourse with wife which must at all times be consensual to not be considered as rape. Further, the new bills do not account for non-consensual unnatural sex. This issue assumes importance as the gender laws in India are not gender neutral. What recourse do persons have if they are subjected to homosexual rape, which is not considered rape under Indian laws?
The review of the bills was a good time to reduce the overreaching powers that police have. But the revised bills have retained the provision that provided for raising the time limit for police custody from 15 days to 90 days. Further, despite government claims to the contrary, sedition has been retained with a name change from rajdroh (rebellion against the elected government) to deshdroh (rebellion against the nation). But with other stringent laws like the UAPA existing for crimes against the nation, was there a need to retain this provision?
On the other hand, the bills rightly bring organized crime, acts of terrorism and corruption under ordinary criminal law, showing a departure from the habit of enacting a special law for these crimes. The revised BNS Bill puts a welcome emphasis on "economic security" in the provision dealing with terror. The law rightly places greater focus on the economic dimensions of terrorist activity as it can damage monetary stability.
But the revised bills, mainly the Bharatiya Sakshya Bill, fail to account for advances in technology and their contribution in providing evidence to nail the culprits. There is no sanction to facial recognition. With security cameras in place in almost all public places, the chance of a criminal being placed at the crime scene after being caught on them is great. Hence, new technological advances must find a place in criminal laws.
Even though the revised bills have been introduced, they must be widely debated and dissected. The concerns that remain must be addressed. The overhaul of criminal laws does not happen often. Hence, it must not be done in haste. Otherwise, the exercise will fail in its effort to change India's criminal justice system for the better.
