Revolutionizing Criminal Law: Lok Sabha Passes Sweeping Reforms Amidst Intense Debates

In a pivotal move on the 13th day of the winter session, the Lok Sabha ushered in a new era by approving three groundbreaking criminal law bills. Among them, the Bharatiya Nyaya (Second) Sanhita, poised to replace the archaic Indian Penal Code, took center stage. Union Home Minister Amit Shah introduced crucial amendments, including provisions offering exemptions for doctors in cases of medical negligence-related deaths.

The bills faced rigorous scrutiny, with opposition leaders, Adhir Ranjan Choudhary and Kapil Sibal, expressing reservations about potential human rights infringements and inadequate safeguards against potential abuses by law enforcement. In defense, BJP members argued for a departure from punishment-centric British-era laws, advocating for a more nuanced approach focused on justice and reformation, aligning with the evolving needs of modern India.

BJP MP Tejasvi Surya underscored the bills' emphasis on placing citizens at the core of the criminal justice system, characterizing them as a part of the government's broader initiative to decolonize the nation. Ravi Shankar Prasad commended the bills for prioritizing digitization, information technology, and the mandatory video recording of search and seizure procedures.

However, apprehensions were voiced by MPs like Asaduddin Owaisi, who raised concerns over potential bias against religious minorities and vulnerable communities, extensions of police custody, and the absence of provisions penalizing sexual assault against men. Shiromani Akali Dal leader Harsimrat Kaur Badal criticized the bills for potentially endowing unchecked powers to the police, paving the way for arbitrary use.

Undeterred by the debates, Home Minister Shah staunchly defended the bills, emphasizing their alignment with constitutional principles, morality, and anticipation of future technological advancements. He outlined key provisions, including the definition of terrorism under Indian law and the shift from 'rajdroha' to 'deshdroha.' Shah fervently urged the Lok Sabha to pass the bills, marking a momentous stride toward shedding colonial influences and establishing distinctly Indian criminal laws.

Author: Anushka Taraniya

News Writer, MIT ADT University