Rajya Sabha takes up discussion on bills to replace IPC, CrPC, Evidence Act

New Delhi [India]: The Rajya Sabha on Thursday took up discussion on the three bills that seek to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) and Indian Evidence Act of 1872.

The bills were moved for consideration and passing in the House by Home Minister Amit Shah.
The three bills – Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023 – were passed Lok Sabha on Wednesday.

Amit Shah said in his reply to the debate in Lok Sabha that for the first time, changes have been made in the three laws governing the nearly 150-year-old criminal justice system.

Noting that the bills are in consonance with the spirit of Constituion, he said purpose of punishment should be to give justice to the victim and establishing an example in the society and the three laws made with the Indian soul “will bring a huge change in our criminal justice system”.

Amit Shah said that Modi government has a policy of zero tolerance against terrorism and the new laws also have such provisions so that no terrorist can escape punishment
He said that in old laws, instead of crimes against women, priority was given to protection of the Treasury and the British Crown.

The minister said in the new laws, crimes against women and children, matters affecting the human body, security of the country’s borders, crimes related to the Army, Navy and Air Force, electoral crimes, tampering with coins, currency notes and government stamps are ahead of those related to damage to railway property.

Shah said the government has completely removed the section of sedition and has replaced sedition with treason

“After implementation of these laws, there will be a new justice system in the country. Be it Ram temple, Article 370, Triple Talaq or women reservation, we do what we say,” he said.

The minister said the country’s security is paramount, anyone can say anything against the Government, but if anyone fiddles with India’s flag or commits crimes related to borders, he will definitely go to jail
Speaking of reforms in the new bills, he said chargesheet will have to be filed in 180 days and the Magistrate will have to take its congnizance within 14 days

“We have made three new laws victim-centric while making police accountable. With the use of technology, we have made efforts to make the Indian justice system the most advanced in the whole world,” he said.

The new laws have made efforts to give impetus to prosecution with help of forensic science in investigation and audio-video recording of statement mandatory of victim of rape.

The new laws provide that criminals will get punished and their properties will also be seized under provision of trial in absentia.

There is also provision of bail for undertrials who have spent one-third of their punishment in jail.