Three British-Era Criminal Laws to be replaced: Bills introduced by Home Minister

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  • Union Home Minister Amit Shah today introduced three bills in the Lok Sabha to replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, which are British-era laws. 
  • For the first time, community service will be one of the punishments for petty offences. 
  • A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India has been added to the revised laws. 
  • The aim will not be to punish; it will be to provide justice. Punishment will be given to creating a sentiment of stopping crime,” Mr. Shah added. 

Union Home Minister Amit Shah today introduced three bills in the Lok Sabha to replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, which are British-era laws. The Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023 will be sent to a parliamentary panel for further scrutiny, Mr. Shah said.

A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India has been added to the revised laws.

The sedition law “has been repealed”, said Union Home Minister Amit Shah. 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. “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,” it says.

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

For the first time, community service will be one of the punishments for petty offences.

Also, offences have been made gender-neutral. In order to deal effectively with the problem of organised crime and terrorist activities, new offences of terrorist acts and organized crime have been added with deterrent punishments. The fines and punishment for various offences have also been enhanced.

“The laws that will be repealed, the focus of that 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,” Mr Shah said in Lok Sabha.

Amit Shah said the Centre will also introduce a provision for capital punishment in mob lynching cases. Other proposed punishments include 20 years in jail to life imprisonment for gang rape and the death penalty for the rape of a minor. The new bill prioritizes laws for crimes against women and children, murders and “offences against the state”.

He explained in the Lower House of Parliament. “The aim will not be to punish; it will be to provide justice. Punishment will be given to creating a sentiment of stopping crime,” Mr. Shah added.

(With inputs from agencies)

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