NEW DELHI: The Centre withdrew three Bills on Monday that aimed to replace the existing criminal laws, namely the Indian Penal Code, CrPC, and the Evidence Act. This development occurred as the Bills were expected to be tabled and passed during the ongoing Winter session of Parliament. Last month, a parliamentary standing committee on Home Affairs adopted its draft reports, with opposition leaders filing several dissent notes.
According to sources, Prime Minister Modi and his office objected to two suggestions made by the Standing Committee of Home Affairs. These suggestions included bringing back a gender-neutral adultery law and introducing punitive measures for non-consensual sex between men, women, and trans persons under section 377 of the IPC. The PMO expressed reservations, stating that implementation could be perceived as contrary to the Supreme Court judgments. Notably, the SC had struck down section 377 in 2018, which criminalized gay sex, and also adultery in the same year.
In a late-night notification, the government announced its intention to introduce a new Bill in place of the Bharatiya Nagarik Suraksha Sanhita Bill, 2023. The circular, authenticated by Union Home Minister Amit Shah, stated, “To make comprehensive amendments in the Code of Criminal Procedure, 1973, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced in the Lok Sabha on August 11, 2023, to repeal and replace the Code of Criminal Procedure, 1973.
This bill was referred to the Department-related Parliamentary Standing Committee on Home Affairs on 18th August 2023 for consideration.” The committee held discussions with officials, experts, and stakeholders, submitting its reports and recommendations on 10th November 2023. Amendments are now proposed based on these recommendations.
The centre had introduced three Bills in August—Bharatiya Nyaya Sanhita (BNS), 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023; and Bharatiya Sakshya (BS) Bill, 2023. These Bills were intended to replace the existing Indian Penal Code, 1860; Code of Criminal Procedure (CrPC), 1973; and Indian Evidence Act, 1872, respectively.
After withdrawing the Bharatiya Nyaya Sanhita Bill 2023, the government intends to introduce a new Bill. Similarly, for the Bharatiya Sakshya Bill, 2023, a new Bill is proposed to replace it. The government’s statement for withdrawing the Bharatiya Sakshya Bill mentioned its plan to make comprehensive amendments in the Indian Evidence Act, 1872, introducing the BSB 2023 in the Lok Sabha on August 11, 2023, for the same purpose. The committee’s recommendations, submitted on 10th November, are the basis for proposed amendments in the BSB, 2023.