President Draupadi Murmu granted approval to three new criminal justice bills under the Indian Penal Code, Indian Civil Security Act, and Indian Evidence Act, replacing archaic laws dating back to the British era. The Ministry of Home Affairs is set to issue an official notification soon.
Overhauling Criminal Justice System
President Draupadi Murmu, on Monday, gave her nod to three new criminal justice bills that were passed by the Parliament last week. These transformative legislations aim to replace the Indian Penal Code, Indian Civil Security Act, and Indian Evidence Act of 1872. The Ministry of Home Affairs is expected to release a notification promptly.
“Offenses Against the State” Section
During the parliamentary debate on these three bills, Home Minister Amit Shah emphasized a shift in focus from punishment to justice. The objective of these laws is to redefine various offenses and their penalties, completely revolutionizing the criminal justice system in the country. The bills provide a clear definition of terrorism, abolish charges of sedition, and introduce a new section titled “Offenses Against the State.”
Introduced During Monsoon Session, Withdrawn, and Reintroduced
Initially presented during the Monsoon Session in August, the bills faced withdrawal after several recommendations by the Standing Committee on Home Affairs. However, the government reconsidered and reintroduced the revised versions of these bills last week.
Careful Consideration and Extensive Deliberation
Home Minister Shah clarified that the drafts of these bills underwent thorough consideration and extensive deliberation. Before presenting them in the Parliament for approval, every nuance, from the short clauses to the full stops, was scrutinized by Shah to ensure a comprehensive legal framework.
Defining Terrorism for the First Time
A significant aspect of the new Indian Penal Code is the explicit definition of terrorism, a term absent in the Indian Penal Code so far. The bills grant magistrates the power to impose fines, and the scope of proclaiming an individual as an offender has been widened.
In Shah’s words, “For the first time, the term ‘terrorism’ has been defined in the Indian Penal Code. There was no mention of it in the IPC. The new laws not only empower magistrates to levy fines but also expand the ambit of declaring someone as an offender.”
Meticulous Drafting Process
Shah revealed that the drafts of the three bills were meticulously prepared after thorough consideration and discussions. The Home Minister stressed the importance of aligning the legal framework with contemporary challenges and changing societal dynamics.
Empowering Magistrates and Broadening Jurisdiction
Under the new laws, magistrates are bestowed with the authority to impose fines, and the jurisdiction to declare an individual as an offender has been extended. These provisions mark a departure from the previous punitive approach, emphasizing a more nuanced and just legal system.
As the legal landscape in India undergoes a significant transformation, these laws are expected to bring about a more equitable and efficient criminal justice system. President Draupadi Murmu’s approval signifies a crucial step towards aligning India’s legal framework with the evolving needs of society. The Ministry of Home Affairs is gearing up to issue a formal notification, heralding a new era in the country’s legal history.
