“Has he even seen the bill…?” Kapil targets Shah over Bharatiya Nyaya Sanhita Bill '23

NEW DELHI: Rajya Sabha MP and senior advocate Kapil Sibal on Sunday hit out at Amit Shah over the Bharatiya Nyaya Sanhita Bill and asked with what intent the Union Home Minister brought this law. “Everything will be decided by the government. If the government says that you have done wrong, and your intentions were bad, then is there any officer in India who will move against the government? Because they could land in trouble.

Any allegation could be raised against them… the government will decide which decision is against the law. Then, he/she can be sentenced to seven years. Wherever there is a judge, a magistrate, a high court, a supreme court, the law decides, doesn't it? I want to know with what intention you brought this law, Home Minister, have you even seen this bill when you introduced it in the House…,” Kapil Sibal said.

He further said that while BJP claims to “wanting to end the colonial mindset” and they are bringing “such laws”. "...On one hand, they (BJP) are saying that we want to end the colonial mindset but on the other hand they are bringing such laws. The country cannot run like this. They say (India) is the mother of democracy, but I think it is the father of democracy...,” he added. Earlier on Friday, Amit Shah introduced The Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and Bharatiya Sakhshya Bill, 2023, aimed at giving justice and protecting the rights given to Indian citizens by Constitution. The bills will abolish the Indian Penal Code, 1860, Criminal Procedure Code, (1898), 1973 and the Indian Evidence Act, 1872 made by the British.

The Indian Penal Code, 1860 will be replaced by the Bharatiya Nyaya Sanhita Bill, 2023; the Criminal Procedure Code, 1898 will be replaced by the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Indian Evidence Act, 1872 will be replaced by the Bharatiya Sakshya Bill, 2023," Amit Shah said. He said British-era laws were made to strengthen and protect their rule and their purpose was to punish, not to give justice. “We (government) are going to bring changes in both these fundamental aspects. The soul of these three new laws will be to protect all the rights given by the Constitution to the Indian citizens. The objective will not be to punish anyone but give justice and in this process, punishment will be given where it is required to create a sense of prevention of crime," Shah stressed. He said from 1860 to 2023, the criminal justice system of India continued to be operated on the basis of the laws made by the British Parliament, but now these three laws will be replaced with new laws imbibing India’s soul.

He said that in the current laws, heinous crimes like murder or crimes against women were placed very low and crimes like treason, robbery and attack on the official of the government were kept above these. Shah said that 18 states, six Union Territories, a Supreme Court, 16 High Courts, five judicial academies, 22 Law Universities, 142 Members of Parliament, about 270 MLAs and people gave their suggestions regarding these new laws and that for four years these were discussed in depth and he himself was present in 158 meetings.

The Home Minister said that Bharatiya Nagarik Suraksha Sanhita Bill, which will replace CrPC, will now have 533 sections. "A total of 160 sections have been changed, nine new sections have been added and nine sections have been repealed," he said. The Bharatiya Nyaya Sanhita Bill, which will replace the IPC, will have 356 sections instead of the earlier 511 sections, the minister said, adding that 175 sections have been amended, 8 new sections have been added and 22 sections have been repealed.

Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167. Shah said 23 sections have been changed, one new section has been added and five repealed.