Central Government Proposes Overhaul of Colonial-Era Laws with New Legislation

New Delhi, 11th August 2023: In a momentous step towards modernizing the justice system, Union Home Minister and Minister of Cooperation, Amit Shah, unveiled a trio of groundbreaking bills aimed at replacing the British-era Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act. These bills, namely the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and the Bharatiya Sakhshya Bill, 2023, were introduced in the Lok Sabha today, marking a significant shift in India’s legal framework.

Amit Shah, speaking on the occasion, underscored the historical significance of this moment, linking it to the culmination of the Azadi ka Amrit Mahotsav and the dawn of Amrit Kaal. As the Azadi ka Amrit Mahotsav concludes on August 15, a new chapter of 75 to 100 years of independence will begin on August 16, signaling a stronger India.

Amit Shah emphasized the alignment of these bills with Prime Minister Narendra Modi’s vision to eliminate any remnants of colonial subjugation. These legislations fulfill one of the five pledges presented by Prime Minister Modi on August 15, focusing on creating a justice system that safeguards citizens’ rights. The new bills are set to replace the outdated Indian Penal Code, 1860, Criminal Procedure Code, 1898, and Indian Evidence Act, 1872, with the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and the Bharatiya Sakshya Bill, 2023, respectively. This transformation aims to uphold the values enshrined in the Indian Constitution, prioritizing justice over mere punishment.

Shah detailed the rigorous process behind crafting these groundbreaking laws. Extensive consultations were held with various stakeholders, including judges, law universities, Members of Parliament, Chief Ministers, Governors, and legal experts. The comprehensive process resulted in a complete overhaul of the legal framework, aligning it with the needs of contemporary India.

The new legislation introduces innovative provisions, including the incorporation of cutting-edge technologies to streamline legal procedures. The bills embrace digitization, allowing for the utilization of electronic or digital records, video conferencing for trials, and online access to court decisions. The amendments also emphasize timely justice delivery, setting strict timelines for different stages of legal proceedings.

Shah highlighted the inclusion of citizens’ perspectives in these laws, enabling immediate complaint registration through the innovative concept of Zero FIR. Additionally, provisions to safeguard victims’ rights and enhance convictions through forensic evidence were introduced, aligning with Prime Minister Modi’s vision of establishing the National Forensic Science University.

The Bharatiya Nyaya Sanhita Bill, 2023, is poised to replace the Indian Penal Code, 1860, featuring refined sections and a heightened focus on crimes against women and children. The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, will replace the Criminal Procedure Code, 1898, introducing a more robust framework for protecting citizens’ rights. The Bharatiya Sakshya Bill, 2023, is designed to replace the Indian Evidence Act, 1872, streamlining evidence collection and presentation in court.

Shah affirmed that these laws are set to usher in a transformative change in India’s justice system, aiming to ensure swift, accessible, and equitable justice for all citizens. These historic bills reflect the government’s commitment to creating a more just and secure society, aligning with the principles of India’s constitutional framework, and fostering an environment of trust, transparency, and fairness.

The introduction of these bills marks a monumental moment in India’s legal history, holding the potential to reshape the justice system for the betterment of its citizens and the nation as a whole.

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