The Lok Sabha on Wednesday passed the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023, after Home Minister Amit Shah said the Bills would replace criminal justice laws drafted with a colonial mindset, and bring in a system in consonance with the spirit of the Constitution.

Drafted after wide consultations, the new laws define terrorism and mob-lynching, prescribe transparency and time-limits for different stages of proceedings and replace raj-droh (treason against government) by desh-droh (treason against nation).

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The Bharatiya Nyaya (Second) Sanhita, 2023 removes the offence of sedition completely. In its place, it has brought exciting or attempting to excite secession, armed rebellion, or subversive activities, encouraging feelings of separatist activities, or endangering the sovereignty or unity and integrity of India.

These offences may involve exchange of words or signs, electronic communication, or use of financial means.

“Justice is the foundation of a civilised society. For common man, justice meant criminal justice and we have brought the three Bills for that. They are justice centred and not punishment-centred,” the home minister said, replying to a two-day discussion on the Bills.

Mr Shah assured the House there was no possibility of creation of a police state through the new laws; in fact, powers of police have been brought under watch in many cases and curtailed in some others.

Police will have to disclose custody of suspects to affected relatives, he said. A balance has been brought between the work of police and interests of citizens. The government consulted 200 IPS officers, legislators and state governments on the provisions.

The three new Bills will bring fundamental changes in the criminal justice system and fulfil promises made by the Narendra Modi Government. Provisions have been made for technological innovations, liberal application of forensic science, with time-limits provided for the police, lawyers and the magistracy.

Minimum punishment has been increased in some offences, while fines are provided in some, and many provisions have been dropped in the new laws, he said. To avoid unnecessary delays in justice, independent directors of prosecution will decide whether appeals are required to be made in different cases.

Crimes against women like rape or gang-rape, crimes against children and murders have been brought forward in the new penal law. Anybody can criticise a government, but not hurt interests of the country, its resources, or flag, and will have to go to jail, he said. “This is the thrust of our government,” he said.

Organised crime has been defined in the new law. There are provisions for cyber and economic crimes, human trafficking, and attempts to harm economic system have been included. This will help criminal justice system.

In cases of culpable homicide not amounting to murder, if a person takes the victim of an accident to hospital, punishment will be less, whereas hit-and-run cases will be treated separately. Snatching and mobile-snatching have been included. Causing serious physical injury can invite 10 years jail, he said.

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 seeks to replace the Criminal Procedure Code, 1973 (CrPC). Mr Shah said in cases involving three to seven years jail possibility, an FIR will have to be filed in three days.

The home minister said plea bargaining has to be initiated in 30 days, e-FIRs can be filed, and technology will be used to curb misuse of police power. Searches and seizures will be videographed. Forensic teams’ visit will be compulsory in many cases.

FIRs can be registered in any police station. Unauthorised custody will not be allowed. Summary trials will have shorter durations, while proceedings against government officials can be initiated after a time limit, the home minister said.

The number of offences under which suspects can be declared fugitives has been raised substantially to 120. Bail after one third of term served can be considered while vehicles stored in police stations can be sold after showing their videos to magistrates.

The Bharatiya Sakshya (Second) Bill, 2023 provides for electronic and digital evidence being recognised as primary evidence. This will completely transform the Indian criminal justice system. Courts are being modernised accordingly, he said.

There was virtually no participation of the Opposition in the debate on the Bills as members were suspended. Mr Asaduddin Owaisi (AIMIM) said most of the undertrials in the country belong to minorities, Dalits and Adivasis and their number could go up under the new laws. The sedition law was being reintroduced with a new name, he said.