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 the 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.
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"Sedition law will be completely repealed.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 the 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.
Click on the links below to read the text of the 3 bills.
