Decolonization and Criminal Law Bills

In August this year, the Union government introduced three Bills to overhaul the country’s criminal justice system. The were – the Bharatiya Nyaya Sanhita (BNS), 2023 to replace the Indian Penal Code, 1860; Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to replace the Criminal Procedure Code, 1973; and the Bharatiya Sakshya Bill, 2023 to replace the Indian Evidence Act, 1872.

Last week, the government withdrew these three bills and reintroduced newer versions of them. It has said claimed the recommendations of a Parliamentary Standing Committee have been incorporated in the newer versions. There has been little public debate or consultations on such a large scale legislative move to alter the base of the criminal justice system.

What are the major changes envisaged in these bills? Do they enhance or curtail civil liberties? Is there merit in the fears that they seek to weaponise the police by expanding their powers? 

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