oppn parties Criminal Law Bills Must Not Be Passed In Haste

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  • The Indian envoy in Bangladesh was summoned by the country's government over the breach in the Bangladesh mission in Agartala
  • Bank account to soon have 4 nominees each
  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
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  • Asian junior hockey: Defending champions India enter the finals by beating Malaysia 3-1, to play Pakistan for the title
  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
D Gukesh is the new chess world champion at 18, the first teen to wear the crown. Capitalizes on an error by Ding Liren to snatch the crown by winning the final game g
oppn parties
Criminal Law Bills Must Not Be Passed In Haste

By Our Editorial Team
First publised on 2023-12-14 08:11:11

About the Author

Sunil Garodia The India Commentary view

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.