oppn parties Criminal Law Bills Must Not Be Passed In Haste

News Snippets

  • Sikh extremists attacked a cinema hall in London that was playing Kangana Ranaut's controversial film 'Emergency'
  • A Delhi court directed the investigating agencies to senstize officers to collect nail clippings, fingernail scrappings or finger swab in order to get DNA profile as direct evidence of sexual attack is often not present and might result in an offender going scot free
  • Uniform Civil Code rules cleared by state cabinet, likely to be implemented in the next 10 days
  • Supreme Court reiterates that there is no point in arresting the accused after the chargesheet has been filed and the investigation is complete
  • Kolkata court sentences Sanjoy Roy, the sole accused in the R G Kar rape-murder case, to life term. West Bengal government and CBI to appeal in HC for the death penalty
  • Supreme Court stays criminal defamation case against Rahul Gandhi for his remarks against home minister Amit Shah in Jharkhand during the AICC plenary session
  • Government reviews import basket to align it with the policies of the Trump administration
  • NCLT orders liquidation of GoAir airlines
  • Archery - Indian archers bagged 2 silver in Nimes Archery tournament in France
  • Stocks make impressive gain on Monday - Sensex adds 454 points to 77073 and Nifty 141 points to 23344
  • D Gukesh draws with Fabiano Caruana in the Tata Steel chess tournament in the Netherlands
  • Women's U-19 T20 WC - In a stunning game, debutants Nigeria beat New Zealand by 2 runs
  • Rohit Sharma to play under Ajinkye Rahane in Mumbai's Ranji match against J&K
  • Virat Kohli to play in Delhi's last group Ranji trophy match against Saurashtra. This will be his first Ranji match in 12 years
  • The toll in the Rajouri mystery illness case rose to 17 even as the Centre sent a team to study the situation
Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
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.