Three bills introduced in LS will replace the British-era laws.
Home Minister Amit Shah introduced three bills on the last day of the monsoon session in the Lok Sabha. The Bharatiya Nyaya Sanhita Bill, 2023 shall replace the IPC, the Bharatiya Nagrik Suraksha Sanhita Bill, 2023 to replace the CrPC and the Bharatiya Sakshya Bill, 2023 which will replace the Indian Evidence Act. Shah said that the earlier laws strengthened British rule, while the proposed laws intended to protect citizens' rights and give speedy justice to the people.
Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Bill, 2023 are sent to a parliamentary panel for further scrutiny. Shah said, “The laws that will be repealed. The focus was to protect and strengthen the British administration and the idea was to punish and not give justice. The new three laws will bring the spirit to protect the rights of the Indian citizen. Shah added, the aim will not be to punish but provide justice. Punishment will be given to create a sentiment of stopping crime.”
A new offence on acts of armed rebellion, secession, subversive, separatist activities or endangering sovereignty or unity and integrity of India has been added to the revised laws. The home minister said the sedition law has been repealed. The word 'sedition' is not in the proposed law. It is replaced by Section 150 for acts endangering the sovereignty, unity and integrity of India.
It read, ‘whoever, purposely, by words, either spoken or written, 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.’
Shah said the Centre plans to introduce capital punishment in mob lynching cases. “Under the new laws, the intention is the protection of Constitutional justice and not to punish. Punishment is to be given only when an example is to be made.” The death sentence has been retained in the new bills. Comments expressing disapprobation of the measures, or administrative or other action of the Government to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.
Offences have been made gender-neutral and community service will be one of the punishments for petty offences. The fines and punishment for various offences have been enhanced. New offences of terrorist acts and organised crime have been added with severe punishments.
475 colonial references have been removed. The legislation also prioritises laws for crimes against women and children, murders and ‘offences against the state.’ The home minister informed that the bill has been referred to the Parliamentary Panel for home affairs so it can be examined by all lawmakers, the bar councils, Law Commission. The new bills were discussed in the last four years and 158 meetings were held to finalise the bills with all the concerned stakeholders.
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