The New Criminal Law Bills Need Proper Scrutiny & Thorough Debate
The India Commentary view
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By Our Editorial Team
First publised on 2023-08-14 07:00:50
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The India Commentary view
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India's criminal justice system has long been in need of a comprehensive overhaul. The outdated laws that constitute the composite criminal code have remained largely untouched since their enactment in the 19th century. The recent introduction of three key bills by Union Home Minister Amit Shah in the Lok Sabha marks a significant attempt to redefine and modernize India's penal laws. The bills, known as the Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Bill, 2023, seek to replace the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively. This move is not only crucial for reviving Indian legal norms but also aligning them with the nation's ethos and contemporary values.
The introduction of the new Sanhita bills reflects the Modi government's commitment to breaking free from the shadows of colonial influence that have persisted for far too long. The need to address outdated statutes, such as the law criminalizing homosexuality, and to strike a balance between individual freedom and national security, is evident. The repeal of the sedition law (Section 124A in IPC) and the proposed provision (Section 150) in the new Sanhita to penalize actions endangering India's sovereignty and unity indicate a shifting perspective on these matters. Although the old sedition law has been done away with, in the new Section the scope has been widened and it needs to be debated upon. Further, careful consideration is needed to ensure clarity in definitions and to prevent vagueness in the law's language.
The decision to refer the bills to a standing committee for further consultation and input from stakeholders is a welcome step. This move addresses concerns about the government's engagement with the Opposition and the importance of comprehensive scrutiny for effective legislation. This is extremely necessary as some provisions seem to have been hastily drafted and others are not clear.
While the objective of dispelling colonial vestiges is commendable, the issue of misusing laws extends beyond colonial legacy. Safeguarding due process and personal liberties remains a fundamental human right, with challenges arising from both legal provisions and deep-rooted institutional realities. The new bills are expected to undergo thorough debate and examination in Parliament, reflecting the government's commitment to reform. However, the process of realigning criminal law with constitutional principles and empowering the citizens requires sustained efforts.
