Parliamentary Affairs Minsiter Pralhad Joshi on Tuesday said that the Standing Commitee has given several recommendations on the three criminal law bills given to it by Union Home Minister Amit Shah. Speaking to news agency ANI, Pralhad Joshi confirmed that the new bill will be introduced today.

#WATCH | Delhi: Parliamentary Affairs Minister Pralhad Joshi says, “…The Standing Committee has given several recommendations on the three bills (Criminal Bills) given to it by the Home Minister…The new bill will be introduced today.” pic.twitter.com/n0gwQ79FF6

The BNS 2023 aims to replace the existing Indian Penal Code (IPC) and incorporates safeguards for individuals with unsound minds. The term “mental illness” faced inspection from the panel, led by BJP MP Brih Lal for its perceived breadth, potentially including phenomena like mood swings and voluntary intoxication.

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“The committee has accordingly recommended that the word ‘mental illness’ in this Sanhita may be changed to ‘unsound mind’ wherever it occurs, as the present one can create problems during the trial stage, as an accused person can simply show that he was under the influence of alcohol or drugs during the time of the commission of a crime and cannot be prosecuted even if he has committed the crime without intoxication,” the panel’s report states.

According to sources, the government has accepted this recommendation highlighting the need for clarity during criminal trials. However, the proposal to retain the offense of adultery in BNS 2023 and reintroduce section 377 of the IPC to criminalise non-consensual sex faced rejection.

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The exclusion of Section 497 of the IPC, which decriminalised adultery in a 2018 Supreme Court ruling, was contested by the committee. They expressed concerns about preserving the sanctity of marriage while addressing gender discrimination aspects. Despite this, the government has disagreed with the committee’s viewpoint, The Indian Express reported.

The revised bills may face a counter from the INDIA bloc in Parliament, as Opposition parties coordinate their floor strategy on the three bills, as well as on the Chief Election Commissioner and Other ECs (Appointment, Condition of Service and Term of Office) Bill.

Their demand for the bills to be referred to a joint Select Committee follows scrutiny by the Parliamentary Standing Committee on Home Affairs. However, the government is unlikely to accept the opposition demand.

Introduced by Union Home Minister Amit Shah on August 11 in Lok Sabha, the bills covered diverse aspects of criminal jurisprudence, ranging from provisions on mob lynching to video trials for speedy justice and the expansion of the sedition definition.