The Parliament passed the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bills — replacing the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898 and the Indian Evidence Act of 1872, respectively — with Rajya Sabha clearing the three Bills on Thursday.
The Lok Sabha had earlier passed the Bills on Wednesday.
Hailing the passage of the Bills as historic, Rajya Sabha Chairman Jagdeep Dhankhar said the new legislation will replace the colonial criminal justice system. Opposition members had boycotted the proceedings demanding a statement of Union Home Minister Amit Shah on the security breach in Lok Sabha and the Bills were passed unanimously in their absence.
Moving the Bills and later replying to the debate, Mr. Shah said the Bills will be a new beginning in the history of the country’s criminal justice system. He said the Bills will form the base of making the country’s justice system as the most modern in the world.
BJP MP Brijlal, who is also the Chairman of Standing Committee on Law, initiated the debate. Apart from the BJP, members of BJD, YSRCP, AIADMK and TDP participated in the debate.
In his reply, Mr. Shah said the criminal justice system was being governed by the three laws brought by the British after the 1857 struggle for freedom. “Modi government decided to change all such colonial laws,” he said adding that it is not just the names that are being changed. “These Acts were primarily to protect the Britishers and the British regime. These laws had nothing to with the protection of Indians,” he said reiterating that he is proud to change those laws.
He said for the first time, the justice system will be based on legislation framed and passed by Indians. He said from the FIR to judgment, all the processes will be online and the new laws have tried to accommodate the changes in technology in the process of administration and policing.
Seeing it with ‘Italian glasses’: Shah
Targeting the Opposition, he said those who look at these changes wearing “Italian glasses” will not understand the relevance of these changes. “Those who ask why do we need new laws do not understand the meaning of swaraj,” he said.
The Home Minister said a victim will get justice within three years of passage of these laws. “The practice of date after date in the courts will end,” he said. Mr. Shah said the new laws have also ended the provisions of sedition and no one will be punished for criticising the government. “But criticising the country or tampering with its sovereignty and unity will be met with stringent punishment,” he said.
On terrorism, he said the new Bills have defined all forms of it and perpetrators of organised crime will be punished. He said there are provisions of community servicing that will lead to reforms of criminals. He said the post of director of prosecutions will be made compulsory in every district.
On mob lynching
Regarding mob lynching, he said the Opposition has been criticising the BJP government. “They did not bring any laws to curb mob lynching. But we have brought a law to curb it,” he said and added that the Narendra Modi government has kept all its promises. He said be it the construction of Ram Temple, 33% reservation for women in Assemblies and Parliament and making laws simplified were promises made by the BJP in its poll manifesto and all these promises have been implemented.
He said the new laws were conceptualised based on the thoughts on justice by ancient Indian thinkers. Mr. Shah said the Centre has accepted 72% recommendations of the Standing Committee on Law on the new laws. The Minister said all databases of criminal records will be integrated nationally.
