New laws have positive features, but bring no path-breaking change.

December 22, 2023

General Studies Paper-2

CONTEXT:

Three Bills replacing India’s criminal laws passed in Parliament with limited
Content retention, questionable inclusions, procedural changes, and lack of systemic vision raise concerns about the legislative process’s efficacy.

LEGISLATIVE PROCESS AND OPPOSITION CONCERNS:

Three Bills replacing India’s criminal laws passed in Parliament amid the absence of over 140 members.
Despite scrutiny by a Parliamentary Standing Committee, the absence of robust legislative deliberations limited the discussion on crucial

CONTENT RETENTION AND MINISTERIAL CLAIMS:

Revised codes retain much of the language and content of original laws, challenging the claim of a purely Indian legal framework by Union Home Minister Amit Shah.
Concerns raised regarding the potential lack of path-breaking changes in policing, crime investigation, and trial

KEY REVISIONS IN BHARATIYA NYAYA SANHITA (BNS):

Removal of outdated sedition section and inclusion of mob lynching as a separate
Positive aspects include the exclusion of the Supreme Court-struck adultery law and the incorporation of hate crimes based on race, caste, etc.
Questionable inclusion of ‘terrorism’ in general penal law instead of relying on special

PROCEDURAL CHANGES AND AMBIGUITIES:

Introduction of provisions allowing FIR registration by any police officer regardless of the offense
Emphasis on the use of forensics in investigations and videography of searches and
Ambiguity regarding the extension of police custody beyond the 15-day limit, requiring clarification for legal

CRITICAL EVALUATION AND SYSTEMIC VISION:

Critique of the legislative process’s failure to adequately address inadequacies in the criminal justice system.
It is important to give emphasis on the need for revisions to align with a comprehensive vision for an improved legal framework.

CONCLUSION:

The rushed passage of criminal law bills without thorough deliberation raises apprehensions about potential flaws in India’s legal framework. This issue demands critical attention and reform for a robust