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STATEMENT OF OBJECTS AND REASONS

Bharatiya Nyaya Sanhita, 2023 · source PDF pages 112

Source citation: STATEMENT OF OBJECTS AND REASONS, Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Source appendix, Central source snapshot, source PDF pp. 112; snapshot SHA256 d4449e9995b21fd52627811d08f9d21feda6a3678b7e5355b651242d152167f5 (current applicability unverified)

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                             STATEMENT OF OBJECTS AND REASONS
     In the year 1834, the first Indian Law Commission was constituted under the Chairman-ship of Lord
Thomas Babington Macaulay to examine the jurisdiction, power and rules of the existing Courts as well
as the police establishments and the laws in force in India.
    2. The Commission suggested various enactments to the Government. One of the important
recommendations made by the Commission was on, Indian Penal Code which was enacted in 1860 and
the said Code is still continuing in the country with some amendments made thereto from time to time.
     3. The Government of India considered it expedient and necessary to review the existing criminal
laws with an aim to strengthen law and order and also focus on simplifying legal procedure so that ease
of living is ensured to the common man. The Government also considered to make existing laws relevant
to the contemporary situation and provide speedy justice to common man. Accordingly, various
stakeholders were consulted keeping in mind contemporary needs and aspirations of the people and with
a view to create a legal structure which is citizen centric and to secure life and liberty of the citizens.
    4. Now, it is proposed to enact a new law, namely, the Bharatiya Nyaya Sanhita Bill, 2023 by
repealing the Indian Penal Code to streamline provisions relating to offences and penalties. It is proposed
to provide first time community service as one of the punishments for petty offences. The offences
against women and children, murder and offences against the State have been given precedence. The
various offences have been made gender neutral. In order to deal effectively with the problem of
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organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been
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added in the Bill with deterrent punishments. A new offence on acts of secession, armed rebellion,
subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has
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also been added. The fines and punishment for various offences have also been suitably enhanced.
    5. Accordingly, a Bill, namely, the Bharatiya Nyaya Sanhita, 2023 was introduced in the Lok Sabha
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on 11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing
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Committee on Home Affairs for its consideration and report. The Committee after deliberations made its
recommendations in its report submitted on 10th November, 2023. The recommendations made by the
Committee have been considered by the Government and it has been decided to withdraw the Bill
pending in Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the
Committee that have been accepted by the Government.
    6. The Notes on Clauses explains the various provisions of the Bill.
    7. The Bill seeks to achieve the above objectives.




                                                                                            AMIT SHAH.

    NEW DELHI;
The 9th August, 2023.




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