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New Delhi: In a landmark overhaul of colonial-era criminal laws, the Centre on Friday introduced in the Lok Sabha three bills to replace the IPC, CrPC and Indian Evidence Act, proposing among other things repeal of the sedition law and introducing a new provision with a wider definition of the offence.
Besides defining terrorism for the first time, the changes aimed at transforming the country’s criminal justice system included provisions for maximum capital punishment for mob lynching, sexual assaults on minors, maximum 20-year imprisonment for all types of gang-rape and community service as one of the punishments for first-time petty offences.
βPurpose of 3 new bills not punishment but justiceβ
New Delhi: The purpose of the three new bills that seek to replace the Indian Penal Code (1860), Criminal Procedure Code (1898) and Indian Evidence Act is not to punish but to give justice, Union Home Minister Amit Shah said on Friday.
He said the Bharatiya Nyaya Sanhita Bill, 2023; Bhartiya Nagarik Suraksha Sanhita Bill, 2023 and Bharatiya Sakshya Bill, 2023 will protect all the rights of citizens given by the Constitution.
“The three outgoing laws were made to strengthen and protect the British rule and their purpose was to punish, not to give justice. The three new laws made with Indian thought process will bring a huge change in our criminal justice system. The Modi government has brought these laws taking a very principled decision to bring citizens at the centre instead of governance,” he said. Shah said the three old laws had signs of slavery as they were passed by the British parliament. With the new laws, the signs of slavery will be removed from a total of 475 places, he said.
He said a total of 313 changes have been which will bring a widespread change in India’s criminal justice system, and now people will be able to get justice within a maximum of three years.
The proposed laws expand the definition of documents to include electronic or digital records, e-mails, server logs, computers, smart phones, laptops, SMS, websites, locational evidence, mails, messages on devices.
They have provisions to digitise the entire process — from FIR and case diary to charge sheet and judgement.
Videography is proposed to be made compulsory at the time of search and seizure and without such recording by the police no charge sheet will be valid, according to the bills which also make compulsory the visit by a forensic team on the crime scene in cases having provision for punishment of seven years or more.
Provision of e-FIR is being added for the first time, and every district and police station will designate a police officer who will officially inform the family of the arrested person about his arrest online and in person, the bills propose.
In cases of sexual violence, video recording of the statement of victim has also been made compulsory.
The bills propose that no government will be able to withdraw a case that entails imprisonment of seven years or more without listening to the victim.
The scope of summary trial has been increased in petty cases and now crimes punishable up to three years will be included in summary trial. This provision is expected to end over 40 per cent of cases in sessions courts.
A time limit of 90 days is fixed for filing charge sheet but the court can give 90 more days depending on the situation and the investigation will have to be completed within 180 days and trial started, the legislations propose.
Courts will now be bound to give notice of framing of charge to the accused person within 60 days and the judge will have to give verdict within 30 days after the completion of arguments, the bills propose, saying it will not keep the decision pending for years.
The order will have to be made available online within seven days.
The government has to decide on permission within 120 days for trial against civil servants or police officers else it will be treated as deemed permission and trial will be started, the bills propose.
A provision has been brought for the attachment of property of declared offenders, a new provision of harsh punishment against inter-state gangs and organised crimes has also been proposed.
Sex on the pretext of marriage, employment, promotion and false identity has been made a crime for the first time and 20 years of imprisonment or life imprisonment has been proposed in all cases of gang-rape.
Provision of death penalty has been made in case of crime with girls below 18 years of age, while all three provisions — seven years in jail, life imprisonment and capital punishment — have been made for mob lynching.
Earlier, there was no special provision for punishing cases of snatching of mobile phone or chain from women, but now a special provision has been made to address these situations — imprisonment for 10 years or life imprisonment in case of permanent disability or being brain dead during the crime.
There were many cases of using pardon for political gains, now the death penalty can only be changed to life imprisonment, life imprisonment to a minimum of seven years and seven years to a minimum of three years.
The Modi government is going to repeal sedition law completely because, officials said, India is a democracy and everyone has the right to speak.
Earlier, there was no definition of terrorism, now crimes like armed insurgency, subversive activities, separatism, challenging the unity, sovereignty and integrity of India have been defined in this law for the first time.
A decision on trial in absentia has been taken, a person declared fugitive by a Sessions Court judge will be tried and sentenced in his absence, no matter where in the world he may be hiding, if the fugitive has to appeal against punishment, he will have to follow Indian law, the bills propose.
The home minister said one of the five ‘PRAN’ taken by Prime Minister Narendra Modi before the country on August 15 was to end all signs of slavery and the three bills are going to fulfil this vow. He said Modi had said in 2019 that all the laws made during the time of the British across all the department should be made in accordance with today’s time and in the interest of the Indian society after adequate discussion and consideration. As many as 18 States, six Union Territories, the Supreme Court, 16 High Courts, five judicial academies, 22 law universities, 142 MPs, around 270 MLAs and public have given their suggestions on these new laws.
The home minister said intense discussions were held over four years on these laws and he himself was present in 158 consultation meetings.
The Bhartiya Nagarik Suraksha Sanhita Bill, which will replace CrPC, now has 533 sections, 160 sections of old law have been changed, nine new sections have been added and nine repealed.
Union Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively.
The BNS bill provides for several changes in the existing provisions including that of defamation, attempt to commit suicide and expanded the scope of offence against women pertaining to sexual intercourse by employing “deceitful means”.
Shah said the changes were done to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people. Everyone will get justice in a maximum of three years once the new laws are passed, he added.
“I can assure the House that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime,” Shah said while noting that the laws made by the Britishers were full of signs of slavery aimed at punishing those opposed to their rule.
The minister also urged Lok Sabha Speaker Om Birla to refer the three bills for examination by the Parliamentary Standing Committee on Home Affairs.
“By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizens at the centre stage.”
The offences against women and children, murder and offences against the State have been given precedence, Shah said, adding that various offences have been made gender-neutral.
“Sedition law will be completely repealed. This is democracy, everyone has the right to speak,” said Shah.
The BNS bill lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity in the new avatar of the sedition law.
According to the proposed law, anyone purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
According to the existing law on sedition(Section 124A IPC), anyone involved in the crime may be punished with life imprisonment or with a three-year jail term.
Officials said the sedition law, known as ‘Rajdroh’ , has got a new term ‘Deshdroh’, doing away with the reference to the British crown.
For the first time, the word terrorism has been defined under the BNS Bill which was not there under the IPC.
“Previously, there was no definition of terrorism. Terrorism has been defined under the law for the first time,” Shah said.
Marrying a woman by concealing identity or having intercourse under false promise of marriage, promotion and employment will be treated as crime for the first time under the proposed law that will replace the IPC, Shah said.
Officials said special laws like the UAPA–Unlawful Activities(Prevention) Act–and Protection Of Children from Sexual Offences Act (POCSO Act) will continue to remain in force.
The BNS bill also seeks to make a new provision on “snatching” under section 302. It says that whoever commits snatching, shall be punished with imprisonment of up to three years, and shall also be liable to fine.
Shah said the focus of the laws that will be repealed was to protect and strengthen the British administration with the idea being to punish and not to deliver justice.
“The experience of seven decades of Indian democracy calls for comprehensive review of our criminal laws, including the Code of Criminal Procedure and adopting them in accordance with the contemporary needs and aspirations of the people,” said the statement of objects for the BNSS bill.
The document said the government’s mantra was “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” and that it was committed to ensuring speedy justice to all citizens in conformity with these constitutional democratic aspirations.
As per the IPC, the offence of defamation carries a punishment of simple imprisonment of up to two years, or with fine, or with both.
Now, in the BNS bill, the offence of defamation carries a simple imprisonment of up to two years, or with fine, or with both or with community service.
Under the new laws, the charge sheet will have to be filed within 90 days, and the court can give permission for another 90 days looking at the situation. Probe would have to be finished in 180 day and sent for trial. After trial, the judgment will have to be given in 30 days.
For all types of gang rape, there is a provision for punishment of 20 years imprisonment or life imprisonment, while there is a provision for death sentence in case of rape with minor.
A separate provision of mob lynching provides for seven years imprisonment, life imprisonment and death sentence as punishment.
To stop political use of punishment waivers by governments, a new provision has been made that death sentences can only be converted to life imprisonment, and life imprisonment can be pardoned only within seven years of punishment.
Shah referred to the recent release of criminal-politician Anand Mohan in Bihar and said the provision has been made to ensure that those with political influence do not escape law.
The use of forensic science to increase conviction in cases is also in focus, the minister said.
“The aim is to take the conviction rate to 90 per cent,” he said.
A proposal has also been made to allow trial without presence of criminals if he or she has been declared absconding. This would make trial of criminals like underworld don Dawood Ibrahim, who is reported to be in Pakistan, possible.
The BJP said the proposed bills will remove the colonial legacy of the past and are pathbreaking and pro-people.
Senior party leader and former law minister Ravi Shankar Prasad told reporters that the prescribed changes were long overdue.
Tamil Nadu’s ruling DMK strongly opposed the naming of the central bills, calling it “Hindi imposition” and an “audacious attempt” to tamper with India’s diversity.
“Recolonisation in the name of Decolonisation! The audacious attempt by the Union BJP Government to tamper with the essence of India’s diversity through a sweeping overhaul – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill – reeks of linguistic imperialism, ” said DMK President and Chief Minister M K Stalin.
The Centre’s move was welcomed by legal experts who, however, voiced their reservations about naming them in Hindi.
While former Delhi High Court judge Justice (retd) R S Sodhi said India is a “developing and vibrant society” in which one can’t have stagnant laws, senior advocates Vikas Singh and Vikas Pahwa said these colonial-era legislations were “obsolete statutes” and there was a need to replace them.
Senior advocate Gopal Sankaranarayanan said, however, replacing the names of these legislations with Hindi terms is “completely meaningless” in a judicial system which is largely run in English.
