A slew of bills received presidential assent between Sunday and Monday, and many were notified in the official gazette. These include the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagrik Suraksha (Second) Sanhita, Bharatiya Saksha (Second) Bill, the Telecommunications Bill and the Post Office Bill, amongst others.
The three new criminal laws replace a raft of colonial acts and were passed by Parliament last week. Home minister Amit Shah had piloted the three laws, which now replace the Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act. They saw a heated debate in Parliament last week.
The draft legislation were first tabled in Parliament on August 11, and then sent to a parliamentary standing committee. Some of the suggestions of the panel were incorporated and a set of new bills (labelled as second) were tabled on December 12.
READ | Lok Sabha clears 3 bills to replace British-era criminal codes
The three bills include key changes that deal with offences of terrorism and acts against the state, enable the registration of electronic fist information reports, factor in corruption in election processes, and make electronic evidence a form of primary proof. Crimes such as lynching have been separately defined for the first time, with detailed provisions and enhanced punishment for crimes against women and children.
Telecom Bill notified
The government also notified the Telecommunications Bill on Sunday after the legislation received presidential assent. The government will release a separate gazette notification to bring the law into force.
The law reforms and simplifies the regulatory and licensing regime for telecommunications, removes bottlenecks in creating telecom infrastructure, protects users from spam and fraudulent calls, and creates a four-tier structure to resolve disputes. When this law is enforced, it will replace the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933.
READ | Telecommunications Bill, passed in Rajya Sabha, awaits presidential assent
On Friday, communications minister Ashwini Vaishnaw told the Economic Times that over the top (OTT) media services will not be covered under the act, allaying concerns about inclusion of online communication services within the ambit of the law. “OTT has been regulated by the IT Act of 2000 and continues to be regulated by the IT Act,” Vaishnaw said. “There is no coverage of OTT in the new telecom bill passed by Parliament.”
Post Office Bill notified
The Post Office Act, 2023, too, received presidential assent on Sunday and was notified. This law replaced the Indian Post Office Act, 1898, and allows notified officers to intercept, open or detain any item for national security reasons. Unlike the 1898 act, a written order is not required under the new law, which has raised concerns related to increased surveillance and abuse of power.
READ | Post Office Bill, 2023: 10 things to know about proposed law that sparked privacy debate
The new act, like the 1898 law, exempts the post office and its officers from any liability until and unless the officer is found to have acted fraudulently or wilfully hampered postal services.
The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023, has also received presidential assent. It protects unauthorised developments from punitive action in the national capital territory of Delhi.