Bills to replace criminal codes enacted into law as President Murmu gives nod

The Bharatiya Sakshya Sanhita, 2023, The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and The Bharatiya Nyaya Sanhita, 2023 were passed by both Houses earlier during a tumultuous Winter Session that saw 146 Opposition MPs suspended from Parliament.

New Delhi: President Droupadi Murmu on Monday gave assent to the three new criminal justice bills, which senior Opposition MPs have called draconian laws that needed to be reviewed soon after a new government takes charge after Lok Sabha elections.

The Ministry of Home Affairs (MHA) has notified the three Acts in gazette. It is soon expected to notify the date on which these codes will come into effect.

The President's assent came after the Lok Sabha and Rajya Sabha cleared the three bills on December 20 and 21, respectively.

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act replace the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872.

Senior Rajya Sabha MP P Chidambaram said one of the first tasks of the successor government in 2024 must be to review these laws and remove the “draconian” provisions. Senior Lok Sabha MP Manish Tewari said the “entire” Opposition was suspended from Parliament to “prevent critical legal scrutiny” of these codes, which “itself (is) criminal”.

Describing the new penal code as “more draconian”, Chidambaram expressed fear that the new codes will become an “instrument of oppression” against the poor, working class and the weaker sections of the people.

He said the Bharatiya Nagarik Suraksha Sanhita, which replaces the CrPC, contains many provisions that are “unconstitutional and violate” Articles 19 and 21 of the Constitution.

“It is the poor and oppressed sections of the people who will bear the brunt of the new Penal Code and the new Criminal Procedure Code. Instead of strengthening 'due process of law', the new Criminal Procedure Code contains many provisions that severely restrict 'freedom' and 'personal liberty',” he said.

“The new provisions for arrest and police custody (that can extend custody up to 60 days or 90 days) will only lead to police excesses and custodial persecution. One of the first tasks of the successor government in 2024 must be to review these laws and remove the draconian provisions,” he added.

Tewari said the Presidential assent “inaugurates a new epoch in the dark chapter of draconianism”.

“The irony is that the Government has empowered 17379 Police Stations across the country and has disempowered 140 crore people concurrently. These laws would have to (be) review(ed) lock stock and barrel,” he added.