
The Lok Sabha passed three key bills – the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill, during the absence of 97 opposition MPs as they are under suspension. These bills aim to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act.
Initially introduced as Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Bill, 2023, during the monsoon session on August 11, they underwent examination by a Parliamentary Standing Committee on Home Affairs, headed by Brij Lal, which submitted its report on November 10.
Despite committee suggestions for amendments, the Central government chose to withdraw and reintroduce the bills on August 11, citing changes recommended by the committee. Union Home Minister Amit Shah clarified the move aimed to save effort on separate amendments.
The Bharatiya Nyaya (Second) Sanhita now comprises 358 sections, incorporating alterations from the IPC. Notably, the offence of ‘sedition’ is not retained, but a similar provision is added. The bill introduces offenses related to organized crime, terrorism, and caste-based murders.
The Bharatiya Nagarik Suraksha (Second) Sanhita, with 531 Sections, introduces new concepts like timelines for mercy petitions, witness protection, and electronic recording of statements. Mandatory forensic investigation for serious offenses and streamlined legal processes are included for more efficient justice.
The Bharatiya Sakshya Bill, unchanged with 170 Sections, incorporates amendments from the Indian Evidence Act. Some MPs questioned the Supreme Court’s reading down of Section 377 of IPC, but no such amendment was made.
Amit Shah, during the bills’ introduction, highlighted extensive consultations over four years with states, Union Territories, judges, law universities, MPs, MLAs, and the public. Before passage, Shah reiterated that the overhaul aims at justice, addressing concerns about potential police state transformation.
In response to fears of a police state, Shah emphasized that while the police gain additional powers, existing powers are also restricted, preventing India from becoming a police state.