Senior advocate KK Manan welcomes govt's move to revamp colonial-era IPC, CrPC, Indian Evidence Act
Aug 11, 2023
New Delhi [India], August 11 : Welcoming the government's move of introducing bills to replace the Colonial-era IPC, CrPC, and Indian Evidence Act, a senior advocate KK Manan on Friday said that whenever a legislature makes a new law or amends a law, it is done for the welfare of society.
Union Home Minister Amit Shah, in Lok Sabha, introduced the Bharatiya Nagarik Suraksha Sanhita 2023, the Bharatiya Nyaya Sanhita 2023 and the Bharatiya Sakshya Bill 2023 on Friday. Shah said that the bills are being referred to the Standing Committee for scrutiny.
Responding to it, senior Advocate KK Manan said, "Whenever a legislature makes a new law or amends a law, it is done for the welfare of the society. New amendments are made according to the present situation of society. I welcome this decision of the government and Union Home Minister Amit Shah."
Earlier in the day, former Union Law Secretary PK Malhotra said that the three bills-- replacing IPC, Evidence Act and CrPC-- are a much-awaited and desired reform of the criminal justice system.
"The three bills replacing the British era IPC, Evidence Act and CrPC are a much-awaited and desired reform of the criminal justice system. In spite of reforms made so far and a number of reports including Law Commission reports and Justice Malimath Committee reports, justice to the common man has remained a far cry and accused facing trial for petty crimes remain in prisons as undertrials for long period," he told ANI.
"With the procedural changes now suggested like community service for minor offences, use of technology in justice delivery system and rationalising punishment for serious offences, it is expected that justice delivery will be much quicker and reform-oriented," he added.
Meanwhile, senior Advocate Geeta Luthra said, "There has been this talk of revamping the criminal justice system. Evidence Act is a gargantuan task...all three together form the 90 per cent base of the criminal justice system which we have been saying requires revamping. It's also important that this mob lynching and other acts are going to be taken care of, even though the Supreme Court has pronounced on it in various judgments. I'm glad that legislation is coming about it..."
Apart from it, former Union Law Minister Ravi Shankar Prasad termed the three bills as historic and said that these will strengthen India's criminal justice system.
"All three bills are historic...These will strengthen India's criminal justice system...Earlier, people used to be on the run and trials could not happen...Now, the trials will have to be done for fugitives and terrorists, even if it is done separately...Punishment will be given," he said while speaking to ANI.
While the Bharatiya Nyaya Sanhita 2023 seeks to replace IPC 1860, Bhartiya Nagrik Suraksha Sanhita 2023 seeks to replace Criminal Procedure Code and Bharatiya Sakshya Bill 2023 will replace the Indian Evidence Act, 1872.
Home Minister said that the bills are not aimed at giving punishment but rendering justice. He said the bills have been introduced after extensive consultations.
The key provisions of the legislation include repealing sedition, a new penal code against mob lynching, death for rape of minors and first-time community service as one of the punishments for petty offences.
The offences against women and children, murder and offences against the State have been given precedence. New offences of terrorist acts and organised crime have been added to the Bill with deterrent punishments.
New offences added on acts of secession, armed rebellion, subversive activities, separatist activities, or endangering sovereignty and unity of India and there is one-year imprisonment for bribing voters during elections.