The Indian government has opted to withdraw three proposed criminal law reform bills—namely, the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill, and Bharatiya Nagarik Suraksha Sanhita — that were initially presented in the Lok Sabha. These bills were intended to replace the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure, respectively.
On December 11, Union Home Minister Amit Shah conveyed to Lok Sabha members that the three criminal bills would be withdrawn. Instead, they will be substituted with three new bills, incorporating amendments suggested by a parliamentary committee.
Union Home Minister Amit Shah introduced the bills during the Monsoon session of the Lok Sabha. Subsequently, they were forwarded to the Parliamentary Standing Committee on Home Affairs for further examination.
In the previous month, the Committee submitted its assessments of the proposed bills, proposing several adjustments. One notable recommendation was the reintroduction of a provision to criminalize adultery, which had been invalidated by the Supreme Court in 2018, now suggested in a gender-neutral format. Additionally, the committee advised retaining a provision akin to Section 377 IPC to criminalize non-consensual homosexual acts.
The committee further proposed incorporating provisions in the upcoming CrPC bill aimed at safeguarding digital evidence. It raised apprehensions about the clause permitting police custody extending beyond 15 days post-arrest. Additionally, the committee suggested leaving the specifics of online FIR procedures to the discretion of the individual states.
