To overhaul the criminal justice system, Lok Sabha on Wednesday passed three key bills for expediating justice delivery system titled; Bharatiya Nyaya(Second) Sanhita(BNS), Bharatiya Nagarik Suraksha(Second)(BNSSS ) and Bharatiya Sakshya(Second) Bill(BSS).
Union Home Minister Amit Shah insisted on ensuring speedy justice instead of focusing punishment.Besides, bill also defines the word terrorism distinctly which was earlier criticised for its ambiguous meaning. In addition to this, Union Home Minister asserted on bringing this new law to cater the need of next hundred years by removing colonial archaic provisions.
He stressed upon scraping sedition as crime while introducing a new addition to the bill named ‘offences against the state’.As per government notification, BNSS will replace the Indian Penal Code 1860, BSS will replace the Indian Evidence Act 1872 and BNSSS will replace the Code of Criminal Procedure 1898.
Other than defining terrorism and scraping sedition, death penalty to mob lynching is another addition to the bill.Apparently, members of the Congress, TMC, DMK and remaining opposition members were absent during the debate thereby passed these bills merely with voice vote.
Since 97 opposition members were suspended from Lok Sabha on the grounds of ‘misconduct’ inside the parliament house. However, NDA members including MPs of Biju Janata Dal, Hyderabad MPs, AIMIM chief Asaduddin and Bahujan Samaj were present in the house.
Many opponents are been vocal regarding few sections of the bills, apprehended for impacting minority and marginalised communities. As per Mr. Owaisi, the rate of undertrials of muslims, dalits and adivasi are huge in comparison to the rest of privileged sections. Hence, the new law will further aggravate the undertrial sentences and punishments against these underserved population rather than overhauling the criminal offences.Shiromani Akali Dal leaders are too critical for passing power to the police authority without adequate checking may lead arbitrary usage.
Previously, opposition leaders Adhir Ranjan Choudhary and Senior advocate Kapil Sibal were antagonistic with respect to the possible transgression of Human Rights and the limitation of law enforcement agencies to prevent such violation. Eventually, bill was thwarted for further scrutinization.
In response to criticism, Union Home Minister have countered opposition’s fond for terrorism in the name of ‘human right violation’ and urged them to cooperate with NDA for assuring nation’s security.Terrorism has been affecting every country in the globe adversely and India is no exception be it 26/11 or Pulwama attack. To safeguard country’s security and its population from state endangered activities, government needs to frame stringent criminal laws to arrest or detect the causes of terrorism.
Home Minister Shah endorsed the bills for inclusion of terrorism under the purview of the criminal justice system. Changing the definition of sedition from ‘Rajdroh’(offences against the government) to ‘Deshdroh’(offences against the nation) is one of the vital addition to the new laws. BJP MPs are supporting the bills for addressing the key issues of Indian criminal justice system and making citizen as ingredient for criminal justice system.
The new bills while addressing the criminal justice keeps the advancement of digital technologies into account for harnessing the applications of ICT in this area. Alongside new threats amounted by latest technology are also taken seriously. The old colonial laws are redundant in providing adequate substances to procure criminal justice, therefore; in this digital era the new laws are expected to serve the shortcomings.
