The new criminal law bills passed in the Lok Sabha will have a trial in absentia provision for those hiding in other countries after committing acts of terror or any other offences in India, Union Home Minister Amit Shah said on Wednesday while replying to the debate in the Lok Sabha.
The three key criminal code bills – Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023 – will replace the existing colonial-era criminal laws.
“Many may have objections to the provisions under trial in absentia. What sympathy can there be for someone who has committed a crime and fled the country? Whether it’s the Mumbai bomb blast or any other act of terrorism. They commit crimes and take refuge in countries like Pakistan or others. The question arises, should they be punished or not?” he asked.
The home minister said that such accused will be given 90 days to appear before the court and if they don’t appear, a public prosecutor will be appointed for their prosecution.
“This approach will not only expedite the legal process but also change their status in the other country when they are prosecuted. It will make the process to bring them back speedy,” he added.
Shah said that he has gone through every comma and full stop of the bills and that they are in consonance with the spirit of the Constitution and have been brought keeping in mind the well-being of the people of the country.
“New criminal laws focus on justice rather than punishment,” Shah said.
The bills were passed by the Lok Sabha with a voice vote. They will now be tabled in the Rajya Sabha and once cleared from there, will replace the existing criminals laws.