Major Overhaul: Centre Aims To Replace IPC, CrPC & Indian Evidence Act With New Laws

Union Home Minister Amit Shah on Friday presented three bills in the Lok Sabha, aiming to replace the British-era laws of the Indian Penal Code (IPC) of 1860, Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872. These bills have been titled as the "Bharatiya Nyaya Sanhita", "Bhartiya Nagarik Suraksha Sanhita, and "Bhartiya Sakshya Bill".

Shah mentioned that the Bharatiya Nyaya Sanhita, 2023, set to replace the IPC, will entirely abolish the offense of sedition outlined in section 124A of the code.

"The laws that will be repealed... the focus of those law was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizen," Shah said in the Lower House of Parliament.

"The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime," he added.

Crafted by the British in 1860, the IPC has served as the foundation of the nation's criminal justice system for over 160 years. The new legislation to replace it is named the Bharatiya Nyaya Sanhita, 2023. Similarly, the CrPC of 1973 will be succeeded by the Bharatiya Nagarik Suraksha Sanhita, 2023. Furthermore, the Indian Evidence Act of 1872 will make way for the Bharatiya Sakshya Bill, 2023.

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Previously, Ajay Kumar Mishra, the Union Minister of State for Home, revealed that the Ministry of Home Affairs sought input from various stakeholders including Governors, Chief Ministers, Lieutenant Governors, Chief Justice of India, Chief Justices of High Courts, Bar Council of India, Bar Councils of different states, universities, law institutes, and all Members of Parliament regarding comprehensive revisions in criminal laws.

Mishra also highlighted that the Parliamentary Standing Committee on Home Affairs, in its 146th report, recommended a comprehensive review of the country's criminal justice system.

Furthermore, the Parliamentary Standing Committee had previously emphasized the necessity to overhaul and streamline the country's criminal law through comprehensive legislation, rather than making fragmented amendments to existing acts, as mentioned in their 111th and 128th reports.

"In order to bring about comprehensive changes in the criminal laws of the country, ensuring accessible and prompt justice for all and establishing a legal framework centered around the people, the government has initiated the process for comprehensive amendments to criminal laws such as the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, in consultation with all stakeholders," Mishra said in a written response to a query.

The Minister disclosed that a committee led by the Vice-chancellor of the National Law University, Delhi, had been formed to suggest reforms in the realm of criminal laws.