The Rajya Sabha chairman Jagdeep Dhankar on Friday refered the three bills to replace IPC, CrPC, Evidence Act to Standing Committee on Home Affairs, and sought a report within 3 months. Bharatiya Nyaya Sanhita, 2023 will be established in place the Indian Penal Code, 1860; Bharatiya Nagarik Suraksha, 2023 will replace the Criminal Procedure Act, 1898; and Bharatiya Sakshya Bill, 2023 will replace the Indian Evidence Act, 1872.
Dhankar in consultation with the Speaker, referred these three bills to the Department-related Standing Committee on Home Affairs for further examination. Home Minister Amit Shah introduced the bills on August 11 in the Lok Sabha. Death penalty for lynchings, new 'secession' crimes and changes in laws relating to Criminal Procedure are some key highlights of the bills.
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However, upon closer reading of the bills, it was observed that the provisions of “unnatural sex” under Section 377 which was read down by the Supreme Court in 2018 were completely omitted. The new law has sections added for the protection of women and children against sexual offences, but it puts adult men victims at greater risk leaving them with barely any recourse in the law.
Further, while sedition does not find mention in the bills, it has been reworked under section 150 of Bharatiya Nyaya Samita, which addresses the "acts endangering sovereignty unity and integrity of India".
