#criminal #laws #Bills #kannada #advocate #snkhan #mob
The Winter Session of the Indian Parliament commenced on December 04, 2023 and, in its course, took up 18 bills for consideration. The list included three bills, namely the Bharatiya Nyaya (Second) Sanhita, 2023 (“BNS”), Bharatiya Sakshya (Second) Bill, 2023 (“BSB”), and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (“BNSS”) which were passed in the Lok Sabha on Wednesday, and the Rajya Sabha on Thursday. So, what’s on the line? Only all of the Indian criminal justice system as we know it.
The three bills are slated to reform three foundational legislations that propel criminal law and procedure in India – the Indian Penal Code, 1860 (now BNS), the Code of Criminal Procedure, 1973 (now BNSS), and the Indian Evidence Act, 1872 (now BSB). The bills were sprung on an unsuspecting Parliament in the 2023 Monsoon Session with the objective of “decolonising” British-era criminal laws and retaining “Indianness”, and were then referred to the Parliamentary Standing Committee on Home Affairs for review and recommendations. The Standing Committee published its reports annexed with expansive dissent notes from its members (see reports on BNS, BSB and BNSS), which failed to cast a critical eye on many concerning provisions. In this post, we briefly look at the “reform” brought in by the three criminal bills and its impact on digital rights and freedoms, assess the circumstances in which they were passed, and critically evaluate the role of the Standing Committee (or lack thereof) in shaping discussions around many of their glaringly concerning provisions.
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