Overhauling Criminal Laws: Centre Unveils New Bills in Parliament

During the ongoing Winter Session of Parliament, India's government is introducing revamped criminal law bills, replacing antiquated legislation based on recommendations from a parliamentary panel. The proposed bills—Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill, and Bharatiya Sakshya Adhiniyam Bill—will supplant the outdated Code of Criminal Procedure Act of 1898, Indian Penal Code of 1860, and Indian Evidence Act of 1872, respectively.

Set for introduction in Parliament this week, these bills represent a significant modernization effort. However, the Cabinet has diverged from the Parliamentary Standing Committee's recommendations on two contentious issues: adultery and homosexuality.

The Cabinet rejected the Committee's advice to reinstate adultery laws and declined to reintroduce and preserve Section 377 of the Indian Penal Code, which criminalized homosexuality.

Initially introduced in the Monsoon Session on August 11, these bills were referred to the Parliamentary Standing Committee on Home Affairs on August 18 for thorough examination.

Union Home Minister Amit Shah acknowledged the committee's comprehensive discussions with officials from the Ministries of Home Affairs and Law and Justice, domain experts, and stakeholders before submitting its reports and recommendations on November 10.

The proposed amendments will usher in a renewed legal framework through the Bharatiya Nyaya Sanhita Bill, 2023.