Explained | Sedition ‘repealed’, death penalty for mob lynching: the new Bills to overhaul criminal laws  Premium

We examine the three new criminal law bills introduced in the Lok Sabha on August 11, which seek to replace the Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872.

The story so far: The Centre on August 11 introduced three new Bills in the Lok Sabha that propose a complete overhaul of the country’s criminal justice system. The three Bills are set to replace the Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872.

The IPC, which was introduced by the British in the year 1860, has been the bedrock of India’s criminal justice system for more than 160 years. It is set to be replaced by the Bharatiya Nyaya Sanhita, 2023. The CrPC of 1973 will be replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 whereas the Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya Bill, 2023.

“From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British. With these three laws there will be a major change in the criminal justice system in the country”— Home Minister Amit Shah said while introducing the three new legislations. He also said that the Bills have been referred to a Parliamentary Standing Committee for approval.

The process to bring about amendments in criminal laws has been in the pipeline for a while. Former Law Minister Kiren Rijiju apprised the Rajya Sabha last year that the government has initiated the process of amendment to laws such as IPC, CrPC and the Indian Evidence Act in consultation with all stakeholders. The Parliament was informed that the Ministry of Home Affairs (MHA) has also sought suggestions from Governors, Chief Ministers, Lieutenant Governors and Administrators of Union Territories, the Chief Justice of India, Chief Justices of various High Courts, the Bar Council of India, Bar Council of various States and members of Parliament regarding the proposed amendments.

The Minister said that the department-related Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country. It was also pointed out that the Parliamentary Standing Committee in its 111th and 128th reports had also highlighted the need for reforms in criminal laws through the enactment of a comprehensive legislation instead of piecemeal amendments in existing acts.

The Ministry of Home Affairs through a notification dated May 4, 2020, constituted a committee headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi to review the three codes of criminal law. The other members of the committee included —G.S. Bajpai (Registrar, National Law University Delhi), Balraj Chauhan (first Vice-Chancellor, Dharmashastra National Law University, Jabalpur), Mahesh Jethmalani (senior advocate, Supreme Court) and G.P. Thareja (former district and session judge, Delhi).

The mandate of the committee was to ‘recommend reforms in the criminal laws of the country in a principled, effective and efficient manner, which ensures the safety and security of the individual, the community and the nation; and which prioritises the constitutional values of justice, dignity and the inherent worth of the individual,’ per the committee website.