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Prime Minister Narendra Modi, hailing the passing of the three criminal law bills - Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagrik Suraksha (Second) Sanhita, and Bharatiya Saksha (Second) Bill - in Rajya Sabha, said it was a “Watershed moment in our history”.
These bills replaced the British-era laws and are working to put forward a new set of laws working for public administration and justice.
They were passed in the absence of 46 MPs who were suspended from the upper house for unruly behaviour and misconduct.
The Bharatiya Nyaya (Second) Sanhita will replace the Indian Penal Code, the Bharatiya Nagrik Suraksha (Second) Sanhita will replace the Code of Criminal Procedure, and the Bharatiya Saksha (Second) Bill will be put in place of the Evidence Act, 1872.
These bills have reaffirmed the idea regarding India's commitment to transformation and reform-based policies. These laws work to incorporate technology and forensic science in defense and law systems. These laws shall work to uplift the marginalized and downtrodden groups of society rather than leaving them in one corner.
These bills shall heavily target the organized crime types such as Terrorism and crimes that hinder the growth and peaceful journey of the country.
This change shall also work to remove the outdated sections in the Constitution on sedition.
These laws shall attempt to be more relevant in scope and more empathy-driven.
The Indian Penal Code (IPC), addressing a wide range of criminal offenses, was introduced by the British in 1860. Post-Independence, the Indian government adopted it and has subsequently amended it approximately 77 times. However, certain sections advocated for an overhaul of the entire criminal justice system, deeming it outdated and reminiscent of colonial times.
The three bills are aimed at dispensing justice rather than punishing. The soul of these laws is Indian and it shall be for the first time when India would be governed by the criminal justice systems made by the country itself.
The new provisions in the three laws see severe penalties, including the death penalty for those convicted of mob lynchings and the rape of a minor. Additionally, a 20-year minimum sentence is established for cases of gang rape. To address the backlog in Indian courts, the legislation introduces community service provisions for minor offenses, given the substantial number of pending cases.
The laws also enhance the powers of the police regarding the detention of suspects and broaden terrorism offenses to encompass acts that could pose a threat to India's sovereignty or 'economic security.'
Amnesty International expressed concerns, stating that the new criminal justice framework may lead to a 'targeted crackdown on freedom of expression in the country.'
A new era of legislation and justice system shall onset with this new transformation. It's nothing but proof that India is giving a sign of growing civilization.
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