Amit Shah withdraws three criminal reform bills from Parliament

The Union government has decided to withdraw the three criminal law reform bills — Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita — which Union home minister Amit Shah had tabled in the Lok Sabha. The three bills seek to replace the Code of Criminal Procedure Act 1898, Indian Penal Code (IPC) 1860, and the Indian Evidence Act 1872, respectively.

The home minister is likely to reintroduce the redrafted version with amendments later this week. Shah said “the standing committee gave several recommendations and there was a need to have several amendments hence we have brought new bills”, adding that discussions on the three bills would be held on 14 December, and a reply to the debate would be delivered on 15 December.

Sources said the decision to introduce a fresh draft of the proposed legislations was taken in order to avoid too many amendments, since several recommendations made by the committee have been accepted by the government.

Responding to demands by Congress leader Adhir Ranjan Chowdhury, Shah stated that “there is a 12-hour discussion planned starting 14 December in the Lok Sabha; in case there is a suggestion, it will be incorporated”.

The Centre had okayed the introduction of criminal law amendment bills to replace the previous criminal laws, though the cabinet reportedly disagreed with the Parliamentary Standing Committee on two points pertaining to adultery and homosexuality.

The cabinet had turned down the committee's recommendations about reinstating adultery laws and refused to reintroduce and retain Section 377 of the IPC. The Parliamentary panel, headed by BJP MP Brij Lal, was of the opinion that the government should bring back the term “unsound mind” since “mental illness” was “too wide in its import” and could even include mood swings and voluntary intoxication within its ambit. According to sources, the government has accepted the suggestion.

The sources said the government has rejected the proposal to retain the offence of adultery in BNS 2023 and to criminalise non-consensual sex between men, women, and/or transgender individuals by reintroducing section 377 of the IPC once again. The BNS has omitted Section 497 of the IPC since the Supreme Court, in a ruling in 2018, had decriminalised adultery.

On 11 August, Shah had introduced the three bills in the Lok Sabha, which were referred to a standing committee the same day. Subsequently, Rajya Sabha chairman Jagdeep Dhankhar referred the three proposed laws to the committee, which comes under the Rajya Sabha secretariat, and asked it to submit its report within three months.

The BNS bill, which will replace the IPC, is proposed to have 356 sections instead of the earlier 511 sections, the minister said, adding that 175 sections have been amended, eight new sections have been added and 22 sections have been repealed.

Shah had said the Bharatiya Nagarik Suraksha Sanhita bill, which will replace the CrPC, is proposed to have 533 sections. “A total of 160 sections have been changed, nine new sections have been added and nine sections have been repealed,” he said.

The Bharatiya Sakshya Bill, which will replace the Evidence Act, is proposed to have 170 sections instead of the earlier 167. Shah said 23 sections have been changed, one new section has been added and five repealed.

The bills provide that complaints against police and civil officers need government sanction before the officer can be charge-sheeted, and no trial can start without permission from the government.

The Opposition has been demanding that the three bills be referred to a joint select committee. The bills have already been scrutinised by the Parliamentary Standing Committee on Home Affairs, and the government is unlikely to accept the Opposition demand.