Droupadi Murmu gives assent to the new Criminal Code bills
New Delhi, December 25, 2023 — In a historic move, President Droupadi Murmu has granted approval to three pivotal criminal justice bills, marking a watershed moment in India’s legal landscape. The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act are set to usher in a new era, replacing age-old legislations including the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872.
In a fervent address within the hallowed chambers of Parliament, Union Home Minister Amit Shah emphasized a departure from the punitive focus of the past. The laws introduce precise definitions of offenses and corresponding penalties, promising a seismic shift in the nation’s approach to justice.
A notable feature of these legislative changes is the explicit definition of terrorism, conspicuously absent in the colonial-era Indian Penal Code. The Bharatiya Nyaya Sanhita now categorically lists offenses such as acts of secession, armed rebellion, subversive activities, and separatist endeavors. The once-controversial sedition law undergoes a metamorphosis, shedding its colonial connotations for a nuanced perspective, now termed as ‘Deshdroh.’
Minister Shah, the architect behind these legal metamorphoses, assured Parliament that the bills underwent meticulous drafting after extensive consultations. The laws, initially introduced during the Monsoon session, evolved significantly following recommendations from the Standing Committee on Home Affairs.
Controversy and Vagueness
Apart from redefining offenses against the state, the bills amplify the magistrate’s power to impose fines. However, the absence of explicit mention of certain offenses, such as rape against men, raises important questions about the bills’ comprehensiveness. This gap underscores the ongoing need for dialogue and reform to ensure a legal framework that leaves no room for ambiguity.
The legislation specifically addresses acts that endanger the sovereignty or unity of India, encompassing secession, armed rebellion, subversion, separatism, and related activities. Individuals intentionally inciting such acts through spoken or written words, signs, visible representation, electronic communication, or financial means face severe penalties, ranging from imprisonment for life to a maximum of seven years, coupled with fines.
For the first time, the term terrorism finds a legal foothold in the Bharatiya Nyaya Sanhita, a critical addition to India’s legal lexicon. The legislation empowers magistrates with increased fine-imposing authority and broadens the scope for declaring proclaimed offenders.
As the sun sets on the remnants of colonial-era laws, India embarks on a new era of legal consciousness and reform. The wind of change blows, carrying with it a promise of justice that transcends the echoes of the past.
In the wake of President Droupadi Murmu’s historic approval of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act, India stands on the cusp of a legal transformation. Union Home Minister Amit Shah’s impassioned address within the parliamentary chambers signals a strategic shift away from punitive approaches. Notably, the Bharatiya Nyaya Sanhita redefines offenses, explicitly addressing terrorism, armed rebellion, and separatism, marking a departure from the colonial-era Indian Penal Code. Minister Shah’s assurance of meticulous drafting, incorporating parliamentary recommendations, highlights a consultative legislative process.
While these bills empower magistrates with increased fine-imposing authority, concerns arise regarding their comprehensiveness. The omission of specific offenses, such as rape against men, prompts questions about the bills’ inclusivity, emphasizing the need for ongoing dialogue and reform. Focused on acts threatening India’s sovereignty, the legislation grants magistrates the power to penalize intentional incitement, with terrorism finding a legal foothold for the first time in the Bharatiya Nyaya Sanhita. As India bids farewell to antiquated laws, a new era of legal consciousness and reform emerges, promising a justice system aligned with contemporary values.
