Lok Sabha passes 3 criminal code bills with 97 Opposition MPs suspended: 'Punishment would be less if...' | Highlights

The Lok Sabha passed the three criminal laws — the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill — on Wednesday. The three bills were passed even as 97 Opposition MPs remain suspended from the Lower House amid protests over Parliament security breach.

The Bharatiya Nyaya Sanhita will replace the Indian Penal Code-1860, the Bharatiya Nagarik Suraksha Sanhita will replace the CrPC of 1973 and the Bharatiya Sakshya Bill will replace the Indian Evidence Act of 1872. 

Amit Shah said the Bills are based on three principles: “A person's freedom, human rights and impartiality”. He added that the three new laws "reflect the spirit of the original Indian Code of Justice”.

What amended criminal laws say

The bills were tabled by the Union Home Minister Amit Shah on Tuesday. Speaking about the bills on Wednesday, Shah said that under the newly amended laws, "if one accepts their crime within 30 days of the crime, then the punishment would be less..."

The laws give priority to “crime against women/children, impact on human body and security of the country,” Amit Shah said. He said it is now compulsory to record the statement of victims and it will now be recorded online.

Under the amended laws, the deadline for filing an FIR has been fixed. "After submitting the investigation report to the District Magistrate, it will have to be presented before the court within 24 hours. There is a provision to send the medical report directly to the police station/court within seven days. Chargesheet can no longer be kept pending after 180 days," Amit Shah said in the Lok Sabha.

He added, “Now the accused will get seven days to file a plea for acquittal...” 

A judge has to hold the hearing in those seven days, and in a maximum time of 120 days, the case would come to trial. There was no time limit for plea bargaining earlier.

He added, “There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that.”

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Moreover, if the accused fails to appear before the court within 90 days, then the trial will proceed in his/her absence, Shah said. In that case, “lawyers appointed by the government will get the person bail or put him/her on death row…there will be a quick procedure to bring the accused to India from other countries,” Shah said.

Besides this, "in CrPC, there were 484 sections. Now there will be 531 sections in it. Changes have been made in 177 sections and nine new sections have been added. (As many as) 39 new sub-sections have been added. 44 new provisions have been added...," Amit Shah said.

Amit Shah also addressed the financial challenges faced by the needy while pursuing a case in court. "For years 'tareekh pe tareekh' keep going. Police hold the judicial system responsible. The government holds the police and judiciary responsible. The police and judiciary hold the government responsible for the delay. Now, we have made many things clear in the new laws...," he said.

The new laws also explain "organized crime" for the first time". "There was no special law for this. In this, we have included cyber crimes, economic crimes, land grabbing, arms trade, dacoity, human trafficking," Shah said. 

Shah said the new laws are "gender-neutral", “victim-centric” and “justice-centric”, rather than “punishment-centric”.