The Bhutanese Leading the way.
The National Council (NC) failed to pass the Penal Code (Amendment) Bill of Bhutan 2025 after the Bill did not secure the required simple majority during the 16th sitting held on 25th December 2025.
Of the 23 members present, only 11 voted in favour of the Bill, three voted against it, while nine members abstained.
The Bill was presented for adoption by the Chairperson of the Legislative Committee, Tashi Chhozom. Despite several proposed provisions being individually endorsed during deliberations, the Bill as a whole failed to gain sufficient support.
During the Sitting, the House considered the final revisions submitted by the Legislative Committee following earlier directions from members.
The Chairperson of the Legislative Committee informed the House that, as instructed, the Committee had discussed 12 recommendations during meetings held on 22nd , 23rd , and 24th December. Of these, 9 recommendations were ultimately presented back to the House.
Among the provisions that received majority support were several new sections addressing abortion-related procedures and gang-related violence. A newly proposed Section 146A, which sought to provide expedited judicial proceedings in cases where a woman seeks termination of pregnancy on grounds of rape or incest, was passed by a majority vote through a show of hands.
The section aimed to prioritise such cases in court, ensure timely trials within medically viable timeframes, and allow interim judicial orders permitting termination where delays could defeat the purpose of the law. It also included safeguards to protect judges and medical professionals acting in good faith under court orders.
In addition, NC endorsed a series of new provisions under Sections 159C to 159J, which sought to introduce clearer definitions and stricter penalties for battery offences, particularly those involving grievous harm and acts committed by groups or gangs. These sections proposed upgrading several battery-related offences to felonies, with higher punishment where aggravated circumstances or public disorder were involved.
Despite these individual approvals, the failure of the Bill to pass means that none of the proposed amendments will proceed further at this time.
According to parliamentary procedure, the adopted recommendations on the review reports will instead be submitted to relevant agencies for necessary action and implementation where applicable.
The Penal Code (Amendment) Bill 2025 was introduced by the Legislative Committee earlier in the session, following a comprehensive review of the existing Penal Code.
The Committee had proposed amendments to 148 sections, the repeal of six sections, and the insertion of 28 new provisions, along with harmonization of Dzongkha and English texts.
Deliberations on the Bill began during the 9th sitting on 9th December 2025, when the Committee outlined its objectives and highlighted concerns raised during consultations and field visits.
These included ambiguities in battery offences, inconsistencies in enhancement and recidivist provisions, and the need for clearer legal exceptions related to abortion, particularly in cases where a fetus is incompatible with life.
The Committee also flagged emerging crimes linked to digital technology, such as online scams, digital currency fraud, child sexual abuse online, and mule account operations, as areas requiring stronger legal provisions.
