Bharatiya Nyaya Sanhita (BNS) Bill is “unconstitutional”; Govt wants to bring ‘dictatorship’: Sibal

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  • Union Home Minister Amit Shah introduced the BNS Bill in Lok Sabha on Friday, a move that seeks to replace the Indian Penal Code. 
  • Former law minister Kapil Sibal called on the government to take back the three bills it has brought to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872. 
  • The NDA government talks about ending colonial-era laws, but their thinking is that they want to bring dictatorship in the country through laws-Sibal claims. 
  • Sibal said the bill is “completely contrary to the independence of the judiciary, this is completely unconstitutional. 
  • Sibal, was a union minister during UPA I and II, quit the Congress, and was elected to the Rajya Sabha as an Independent member. 

Calling the Bharatiya Nyaya Sanhita (BNS) Bill “unconstitutional”, former law minister Kapil Sibal alleged that the government talks about ending colonial-era laws but its thinking is that it wants to impose “dictatorship” through such legislation. The NDA government wants to make such laws under which action can be taken against Supreme Court and high court judges, magistrates, public servants, CAG (Comptroller and Auditor General), and other government officials,” Sibal said.

The Rajya Sabha MP called on the government to take back the three bills it has brought to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872, alleging that if such laws become a reality, they would “imperil the future” of the country.

“I request the government to take back these bills. We will tour the country and tell the people what kind of democracy you want, one that throttles the people through laws and gags them,” he said.

The former Congress leader said the bill is “completely contrary to the independence of the judiciary”. “This is completely unconstitutional; it strikes at the root of the independence of the judiciary. Their thinking is clear that they don’t want democracy in this country,” he said, slamming the government.

Sibal, who was a union minister during UPA I and II, quit the Congress in May last year and was elected to the Rajya Sabha as an Independent member with the Samajwadi Party’s support. He has floated a non-electoral platform ‘Insaaf’ aimed at fighting injustice.

Sibal alleged that the government has “finished institutions” and that whatever was left would be “destroyed” by the proposed laws. He also called on opposition parties to have a close look at the proposed laws and put forward their views. These laws could destroy the whole constitutional structure, Sibal claimed.

Union Home Minister Amit Shah on Friday introduced in the Lok Sabha the BNS Bill, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, and Bharatiya Sakshya (BS) Bill that will replace the Indian Penal Code, 1860, Criminal Procedure Code, 1898, and Indian Evidence Act, 1872, respectively. The minister also urged Lok Sabha Speaker to refer the three bills for examination by the Parliamentary Standing Committee on Home Affairs.

Besides defining terrorism for the first time, the changes aimed at transforming the country’s criminal justice system include provisions for maximum capital punishment for mob lynching, sexual assault of minors, maximum imprisonment of 20 years for all types of gang rape, and community service as one of the punishments for first-time petty offenses.

(With inputs from agencies)

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