The Lok Sabha has greenlit three transformative Bills that are set to usher in a new era in India’s legal landscape. These new Bills will supersede three significant laws that have been in existence since the colonial period: the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1898, and the Indian Evidence Act of 1872.
Key highlights from the approved Bills include:
Expanded Detention Powers: The Bills propose an extension of police custody detention from the current 15-day limit to an extended period of up to 90 days.
Decriminalization and Name Changes: Provisions like sedition, which was earlier made inoperable by a Supreme Court order, will see a name change from ‘rajdroh’ to ‘deshdroh’. Additionally, certain contentious issues such as the criminalization of homosexuality and adultery have been repealed.
New Provisions on Mob Lynching: The Bharatiya Nyaya (Second) Sanhita, 2023, introduces mob lynching and hate crimes as separate offenses, with penalties ranging from life imprisonment to the death penalty.
Revised Provisions on Medical Practitioners: An amendment has been proposed to reduce punishment for doctors in culpable homicide cases, distinguishing between registered medical practitioners and others.
Enhanced Fugitive Declaration: The Bills introduce provisions to declare an individual as a fugitive in up to 120 crimes, a significant increase from the previous 19.
Union Home Minister Amit Shah, while piloting the Bills, emphasized the government’s commitment to indigenizing laws that were originally enacted by the British. He defended the changes, asserting that they are in line with the spirit of the Indian Constitution and aim to uphold personal liberty, human rights, and equality.
However, the Bills have faced opposition from various quarters. Critics argue that these reforms may grant excessive powers to the police and could potentially be misused. Voices from the opposition also raised concerns about the limited time for consultations and the exclusion of domain experts in the lawmaking process.
As the Bills move forward, they mark a significant milestone in India’s legal history, signaling a shift towards more contemporary and inclusive criminal laws.
