Lok Sabha Question No. 80 (UNSTARRED), answered on 2024-02-02
Subject: Pre-Legislative Consultation Policy
Ministry: LAW AND JUSTICE
Asked by: Abhishek Banerjee

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK    S A B H A

## UNSTARRED QUESTION No. 80

## TO BE ANSWERED ON FRIDAY, THE 2 nd  FEBRUARY, 2024.

## Pre-Legislative Consultation Policy

## 80.   SHRI ABHISHEK BANERJEE:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita and the Bhartiya Sakshya Acts have underwent stakeholder consultation as mandated by the Pre-Legislative Consulatation Policy; and
- (b) if so, the details thereof and if not, the reasons therefor?

## A N S W E R

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

- (a) to (b): The  Department-related  Parliamentary  Standing  Committee  on  Home Affairs, in its 111 th (2005), 128 th (2006) and 146 th (2010) Reports, recommended for a comprehensive review of the Criminal Justice System of  the  country  by  introducing  a  comprehensive  legislation  in  Parliament rather  than  bringing  about  piece-meal  amendments  in  respective  Acts. Accordingly, in conformity with the constitutional and democratic

aspirations, the Ministry of Home Affairs had undertaken the comprehensive review of criminal laws (Indian Penal Code, 1860, Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973) with a view to provide accessible and affordable justice to all and create a legal structure which is citizen centric. In order to seek suggestions from all stakeholders, on  07.09.2019,  letters  were  written  to  all  Governors,  Chief  Ministers, Lieutenant Governors/Administrators of States and Union Territories for their suggestions on comprehensive amendments to the criminal laws. On 06.01.2020  and  09.01.2020  suggestions  were  also  sought  from  Hon'ble Chief Justice of India and Hon'ble Chief Justices of all High Courts, Bar Councils  and  Law  Universities/Institutions.  On  31.12.2021  letters  were written to all Members of Parliament (both Lok Sabha and Rajya Sabha) and  sought  their  suggestions  in  this  regard.  A  Committee  was  also constituted  under  the  Chairmanship  of  Vice  Chancellor,  National  Law University (NLU), Delhi to examine and suggest reforms in criminal laws. The  Committee  had  also  invited suggestions from  various quarters including public. The  Government  received inputs/suggestions from States,  Union Territories, Supreme Court of India, High Courts, Judicial Academies, Law Institutions and Members of Parliament. More than 1000 Police Officers from various States, Central Police Organizations, Central Bureau  of Investigation, Intelligence  Bureau  and Bureau  of Police Research & Development also submitted their suggestions. The Committee  constituted under  the Chairmanship  of  Vice  Chancellor, National  Law  University,  Delhi,  after  consideration  of  all  suggestions, extensive consultation with the stakeholders and in-depth research, submitted  its  report  in  February,  2022  containing  its  recommendations. The  Government  considered  all  the  suggestions  received  from  various stakeholders  and  after  detailed  examination  of  all  these  suggestions  the three  Bills  i.e.  Bharatiya  Nyaya  Sanhita  Bill,  2023,  Bharatiya  Nagarik Suraksha  Sanhita  Bill,  2023  and  Bharatiya  Sakshya  Bill,  2023  were introduced in Lok Sabha on 11.08.2023, to repeal and replace the Indian Penal  Code,  1860,  the  Criminal  Procedure  Code,  1973  and  the  Indian

Evidence  Act,  1872.  These  bills  were  subsequently  referred  to  the Department-related  Parliamentary  Standing  Committee  on  Home  Affairs for its examination and report. Again, letters were written to all the Chief Ministers,  Hon'ble  Chief  Justice  of  Supreme  Court  of  India,  Hon'ble Chief Justice of High Court and Bar Council of India on 22.08.2023 with the  request  to  send  their  valuable  suggestions  to  the  Parliamentary Standing Committee on Home Affairs. The Department-related Parliamentary Standing Committee on Home Affairs held several rounds of discussions with the officers of Ministry of Home Affairs, Legislative Department, domain experts and other stakeholders. After detailed deliberations,  the  Department-related  Parliamentary  Standing  Committee on  Home  Affairs  submitted  its  recommendations  in  Report  No.  246 th , 247 th and 248 th on 10.11.2023  on  the Bharatiya Nyaya  Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam,  respectively.  Keeping  in  view  the  recommendations  of  the Committee,  three  new  Bills,  namely,  the  Bharatiya  Nyaya  (Second) Sanhita Bill, 2023, to repeal the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha (Second) Sanhita 2023, to repeal the Code of Criminal Procedure, 1973; and the Bharatiya Saksha (Second) Bill, 2023, to repeal the  Indian  Evidence  Act,  1872;  were  again  introduced  in  Lok  Sabha  on 19.12.2023, which were passed Lok Sabha on 20.12.2023. After passing of three Bills in Rajya Sabha on 21.12.2023 and thereafter assent of the Hon'ble President of India, these were notified in the Gazette of India on 25.12.2023.'

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