Govt Decides to Withdraw Three Criminal Law Bills

December 12, 2023

GS Paper II Indian Polity and Governance

Context: The Centre has decided to withdraw the three new criminal law bills from Lok Sabha to bring in new draft laws, reflecting some of the changes suggested by the Parliamentary panel.

Govt. withdraws three criminal laws, to replace them with new Bills

Three criminal law reform bills – Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Bill, and Bharatiya Nagarik Suraksha Sanhita- were introduced in the Lok Sabha in August 2023 to replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure respectively.These bills were referred to the Standing Committee on Home Affairs after they were introduced.

Criminal law in India is primarily governed by

Indian Penal Code, 1860:
- It was instituted in 1860 by the first law commission, established under the Charter Act of 1833.
- It defines criminal offenses and their respective punishments.
Code of Criminal Procedure, 1973: This code regulates the procedure adopted by the court in criminal cases.
Indian Evidence Act, 1872: This act was passed by the Imperial legislative council in 1872, and it governs the rules for the admissibility of evidence in court till today.

Based on the recommendations by the committee and other experts, the government wants to redraft the bills and has withdrawn the bill.

Criminal Law Reforms Committee

May 4, 2020: The Ministry of Home Affairs in India, established a committee to review the three major codes of criminal law that constitute the foundation of India’s legal system since British times.
- Headed by: Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi.
- Mandate: To assess and suggest changes to the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act.
February 27, 2022: The committee submitted its recommendations on the criminal law amendments.

Suggestions by the Parliamentary Panel on the bills

Wide Sweep: The IPC provides protection from prosecution to a person of unsound mind. The draft BNS changes this to a person with mental illness. The standing committee recommended that the government bring back the term “unsound mind” instead of “mental illness” since the latter is “too wide in its scope”.
Extramarital Affairs: The committee also recommended that the new Bill should contain a section criminalizing adultery but in a gender-neutral form. However, the government has not accepted this recommendation. Earlier, this section related to adultery had been decriminalized in 2018 by the Supreme Court.
Criminalise non-consensual homosexual activity: The committee has also recommended the retention of a provision similar to Section 377 IPC to criminalize non-consensual homosexual acts.
Digital Forensics: The panel also recommended provisions in the new CrPC bill to secure digital evidence in light of the increasing importance of digital devices and the internet.
Detention: However, some concerns were also expressed regarding the provision allowing police custody beyond 15 days of arrest. It also suggested that modalities of online FIR be left to the States.