Revamp of Indian (Colonial-era) Criminal Laws

 

The Central government introduced three new Bills in the Lok Sabha to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act. The government moved to overhaul criminal laws in India completely and also proposed a provision to replace the colonial-era (British-era) sedition law with Section 150 of the Bharatiya Nyaya Sanhita 2023, which deals with "acts endangering sovereignty, unity and integrity of India."

Bharatiya_Sanhita_Suraksha_Bill_2023


Union Home Minister Amit Shah introduced the Bharatiya Sanhita Suraksha Bill 2023 in Lok Sabha to replace the Indian Criminal Laws. It seeks to revamp British-era laws. Home Minister Amit Shah said that from 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British.

Union Home Minister Amit Shah introduced three bills in the Lok Sabha to replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act with the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill respectively. With these three laws there will be a major change in the criminal justice system in the country.

All three bills were referred to a standing committee for review and recommendations.

All three laws Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act will be repealed. Home Minister Amit Shah said that the focus of those laws was to protect and strengthen the British administration and the aim of laws was to punish and not to give justice. Amit Shah said in Lok Sabha “By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizen. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime."

Sedition Law

Section 124A of the IPC, which deals with sedition, says that, "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." The British Government introduced the Sedition Act in 1870. The Act gave the British supreme authority to arrest or detains any person without a fair trial if he/she was seen protesting against or criticizing the British.

Section 150 of the Nyaya Sanhita is longer and adds references to "secession", "armed rebellion", "subversive activities" and "separatist activities". The section 150 reads: "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."

Clause 69:

The Bharatiya Nyaya Sanhita Bill 2023 tabled before Parliament includes specific provisions to tackle offenses involving marrying a woman by concealing identity, false promise of marriage, promotion and employment. The provisions call for a 10-year imprisonment for these offenses.  Such a section does not exist in the IPC of 1860. Currently, the issue of false promises of marriage to a woman and has sexual intercourse with her, is dealt under other sections of the IPC.

Section 69 of the Bharatiya Nyaya Samhita pertains to sexual intercourse under the false promise of marriage or deceitful means. The section reads: Whoever, by deceitful means or making a promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to a fine."

Some New proposed laws:

1.      The current sedition law will be completely repealed. Provisions under the sedition law will be retained in Section 150 for acts of endangering the sovereignty, unity and integrity of India.

2.      Specific provisions to tackle offenses involving marrying a woman by concealing identity, false promise of marriage, promotion and employment.

3.      Special provision, law, and punishment will be made for all those who establish relationship by hiding their identity.

4.      Punishment for mob lynching and sexual assaults on minors, from seven years in jail to the death penalty.

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

6.      For gang-rape, the punishment can be 20 years in jail to a life term.

7.      One-year jail for bribing voters during elections.

8.      Offences have been made gender neutral.

9.      An E-FIR can be lodged from anywhere.


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Er. Kamal Chauhan

Founder of World Current Affairs. Inspired to make things looks better.

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