Centre Introduces Three Bills to Overhaul Criminal Laws Replacing British Era Acts

Manas Dasgupta

NEW DELHI, Aug 11: The Union Home Minister Amit Shah on Friday introduced in the Lok Sabha three bills to replace the colonial era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, all enacted during the British Raj, in a complete overhaul of the country’s criminal laws providing maximum punishment for crimes like mob lynching and rape of minors.

A new offence of “endangering unity,” a new terminology used for sedition act was also part of the new bills. The three bills — Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023 – were all sent to the parliamentary standing committee on home affairs for further scrutiny, the Home Minister said.

The Bill proposes 313 amendments that will bring revolutionary changes to the criminal justice system, Shah said.

Shah said the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023 and Bharatiya Sakshya (BS) Bill, 2023 would replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively and said the changes were done to provide speedy justice and creating a legal system that keeps contemporary needs and aspirations of the people.

The Bharatiya Suraksha Sanhita Bill, 2023 prescribes capital punishment as the maximum sentence for mob lynching and suggests ten years imprisonment for sexual intercourse with women on the false promise of marriage. The Bill however, states that “sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape.”

In cases of sexual violence against women, the video-recording of statement of survivors has been made compulsory, Shah said. “Marrying or making sexual relations with a woman by deception, by giving wrong credentials has been brought in as a separate category of crime,” the Minister said.

A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has been added in the revised laws. The sedition law has been repealed, said the Home Minister. It has been replaced by Section 150 for acts endangering sovereignty, unity and integrity of India.

“Whoever, 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 means, 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,” says Section 150.

The explanation states this: “Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.”

The new bill prioritises laws for crimes against women and children, murders and “offences against the state.” For gang-rape, the punishment can be 20 years in jail to a life term. The death sentence has been retained in the new bills.

The proposed law also suggests one-year jail for bribing voters during elections. Also, offences have been made gender neutral. In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added with deterrent punishments.

For the first time, community service will be one of the punishments for petty offences. The proposed law also says those evading arrest can be tried in their absence.

The police have to furnish an update on FIRs or First Information Reports within 90 days and an E-FIR can be lodged from anywhere. The search and challan (prosecution) process has to be videographed. The fines and punishment for various offences have also been enhanced.

“The British-era laws that will be repealed… the focus of those law was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizen,” Shah said. “The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime,” he added.

Shah announced that the sedition law has been repealed. The word “sedition” has been removed from the proposed law and replaced with Section 150, which criminalises acts that endanger the sovereignty, unity, and integrity of India.

The current law on sedition carries a penalty of up to three years in prison or life imprisonment. The new provision increases the maximum penalty to seven years. Shah announced that the government would introduce the death penalty for mob lynching cases, depending on the severity of the crime. The death sentence has been retained in the new bills.

In June, the Law Commission had strongly backed the sedition law and said it should be retained with changes linked to the circumstances of its use. Repealing Section 124A of the Indian Penal Code would be to “turn a blind eye to the glaring ground realities existing in India”, the Commission had said in its report.

Significantly, the Commission had recommended that the punishment for sedition be increased from three years in jail to a life term or up to seven years in prison, which has been implemented in the bill introduced in the Lok Sabha by Home Minister Amit Shah today.

Section 124A of the IPC, which deals with sedition, reads: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

Section 150 of the Nyaya Sanhita is longer and adds references to “secession”, “armed rebellion”, “subversive activities” and “separatist activities.” Shah said the section on sedition had been repealed. “The Bill for the first time defines terrorism and offences such as separatism, armed rebellion against the government, challenging the sovereignty of the country which were earlier mentioned under different provisions of law,” Shah said adding that confiscation of property will be done on the orders of the court.

The explanation for Section 150 states, “Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.”

The explanations for the sedition section under the IPC read: “The expression “disaffection” includes disloyalty and all feelings of enmity. Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.”

The third explanation states: “Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.”

Shah said absconding criminals such as underworld don Dawood Ibrahim will be tried in-absentia by court and will be sentenced too. He said police has to inform about the status of a complaint in 90 days, if a case punishable by seven years or more is to be withdrawn, then before doing so, the police must consult the victim.

He said community service is being introduced for specific crimes. “The maximum limit of 180-days has been fixed to file a charge-sheet. The police cannot take an indefinite plea that investigation is on. Police will get 90 days to file charge-sheet, another 90 days can be granted by court, but it cannot exceed that,” he said.

He said the government of the day would have to decide prosecution sanction against police officers and civil servants within 120-days, else it will be deemed to be permitted. “It is often seen that retired police officers are called by courts to record evidence, we have decided that the SP (Superintendent of Police) presently holding charge will present facts before the court after going through files. This is a revolutionary change, such cases were delaying trial as the officer concerned was busy in a field visit,” the Minister said.

He said videography of search and seizure was being made compulsory and a charge-sheet won’t be accepted without it. “The conviction rate is presently low, we aim to take it to 90%, forensic collection of evidence compulsory in all crimes punishable by seven years,” Shah said.

He said a police officer would be designated in each police station who would certify to the relatives of an accused that she/he is in police custody. “Many times police catches suspects and keeps them in illegal custody for days. The information will have to be provided online and physical mode both,” the Minister said.

“So that a person with political clout does not get advantage of rules on remission of sentence, like we saw in Bihar, we have decided that death sentence can only be remitted to life sentence, life sentence can be remitted only up to seven years, seven years imprisonment can be waived off only up to three years. People with political clout will not be spared,” the minister said.