oppn parties Criminal Law Bills Must Not Be Passed In Haste

News Snippets

  • The home ministry has notified 50% constable-level jobs in BSF for direct recruitment for ex-Agniveers
  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
  • PM Modi visits Bengal, fails to holds a rally in Matua heartland of Nadia after dense fog prevents landing of his helicopter but addresses the crowd virtually from Kolkata aiprort
  • Government firm on sim-linking for web access to messaging apps, but may increase the auto logout time from 6 hours to 12-18 hours
  • Mizoram-New Delhi Rajdhani Express hits an elephant herd in Assam, killing seven elephants including four calves
  • Indian women take on Sri Lanka is the first match of the T20 series at Visakhapatnam today
  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
  • Commerce secreatary Rajesh Agarwal said that the latest data shows that exporters are diversifying
  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
  • The Insurance Bill, to be tabled in Parliament, will give more teeth to the regulator and allow 100% FDI
  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
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.