Three proposed criminal laws are much-needed reforms: Parl panel

New Delhi: A parliamentary panel, which examined the three proposed criminal laws, has noted that the legislations are much-awaited and much-needed reforms as well as imperative for smooth and transparent functioning of the legal system.

The Parliamentary Standing Committee on Home Affairs, headed by BJP member Brijlal, also made a host of recommendations on provisions related to rape, gang rape, murder and unnatural sex among others.

The proposed laws are Bharatiya Nyaya Sanhita (BNS-2023), Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023. The three bills, which were introduced in the Lok Sabha on August 11, will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively.

The reports were submitted to Rajya Sabha on Friday.

The committee appreciates that the proposed Sanhita has raised the age of sexual consent for married women from 15 to 18 years with certain exceptions.

The panel welcomes the changes in gang rape law introduced in relevant sections of IPC.

The removal of age-based qualifiers to consider gang rape of any minor girl as an aggravated offence is in line with the position under the Protection of Children from Sexual Offences (POCSO) Act.

Further, the minimum sentence for gang rape of a minor girl under the Sanhita which is whole life sentence is greater than the minimum sentence under POCSO which is regular imprisonment for 20 years.

For the sexual intercourse by employing deceitful means, the committee has noted minor typographical error which needs correction and recommends replacing the word ‘marring’ in the explanation to clause 69 with ‘marrying’.

The committee also recommends addition of the words ‘or marital status’ after the words ‘suppressing identity’ in the explanation part of this clause, for the reason that there are a plethora of cases that have been decided by the judiciary wherein the accused has deceived multiple women into marrying him or having sexual intercourse with him without revealing that he is already married.

In case of the punishment for murder, the committee notes that the Sanhita includes a new provision for offence under clause 101(2) in line with the Supreme Court’s recommendation.