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Apoorva Devanshi
Guest
On Wednesday, the Lok Sabha passed three important bills, almost without opposition, that would replace the criminal laws of colonial-era India. The Indian Criminal Procedure Code (CrPC) of 1973, the Indian Evidence Act of 1872, and the Bharatiya Nyaya (Second) Samhita, 2023, Bharatiya Nagarik Suraksha (Second) Samhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023 will take the place of the Indian Penal Code of 1860.
The key features of the Bharatiya Nyaya (Second) Samhita which will replace IPC 0f 1860 are:
Overall, majority of the parliamentary committee’s recommendations and suggestions have been adopted. The bill marks our stepping into the age of Amrit Kal by stepping away from draconian laws towards being more victim centric. There is a major shift in approach towards dealing with crimes as the purpose of the three bills is to give justice to the victims by establishing an example in the society.
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Highlights-
The key features of the Bharatiya Nyaya (Second) Samhita which will replace IPC 0f 1860 are:
- Replaced Sedition with Treason– Sedition is no more an offence. Rather, there is a new criminal charge for actions that jeopardize India’s integrity, unity, and sovereignty. Any act that encourages separatist sentiments, incites armed rebellion, secession, or jeopardizes India’s sovereignty, unity, or integrity will be punishable. Home Minister Shri Amit Shah said that the Modi government is a government run according to the spirit of the Constitution and if anyone does anything against the country then he will definitely be punished.
- Organised crime added as an offence for the first time– It includes cyber crimes and crimes like kidnapping and extortion etc. Petty organised crime is also an offence now.
- Terrorism is now an offense– There is now a wider definition of terrorism. It encompasses any action that seeks to undermine India’s sovereignty, unity, integrity, security, and even economic stability as terrorism.
- Mob Lynching accused to be punished with death penalty- Murder committed in a group of five or more on the basis of a particular identity marker, such as caste, language, or personal belief, is punishable by a maximum sentence of seven years to life in prison or by death.
- “Offences against women and children”- Section 69 of the BNS defines “sexual intercourse by employing deceitful means”. It lists two types of violations. One involving deceitful means and the other one involving a false promise to marry.
- Then in case of rape of minor girl it carries life sentence and death penalty. In case of gang rape there is 20-year life imprisonment. A woman can lodge a e-FIR to file a police report. The report will be acknowledged and a response will be sent to the woman at her residence within two days.
- The victims’ statement must now be recorded, and it will now be done so online.
- The definition of document includes digital and electronic records.
- ‘Movable property’ is defined more broadly.
- Transgender has been included under the definition of “Gender”
- Attempt to commit suicide deleted.
- A punishment for theft of less than Rs 5,000 is community service.
- Old terms like “Lunatic,” “Insane,” and “Idiot” have been eliminated at nine different locations. Colonial words like “British calendar,” “Queen,” “British India,” and “Justice of the peace” have been removed.
- The charge sheet must now be filed within 180 days, and the magistrate must act upon it within 14 days.
- In cases of trials in absentia, criminals will now be punished and their property will also be attached.
Key Issues and Analysis-
- Overlap with special laws– A number of IPC provisions that have been included in other special laws are still included in the Bills. They also include provisions from other special laws pertaining to organized crime and terrorism. Such duplication increases the compliance burden and costs. Eliminating these could potentially aid in decreasing discrepancies and redundant paperwork.
- Institutional bottlenecks– A number of issues, including lack of forensic expertise and police vacancies, impede the prompt administration of justice. Provisions should be made to deal with these issues.
- Lack of clarity in definition of ” Petty organised crimes” and certain elements of sedition still remain. Though sedition is removed by the BNS. But it includes a clause that makes it illegal to: (1) incite or attempt to incite secession, armed rebellion, or subversive activities; (2) foster sentiments of separatist activity; or (3) jeopardize India’s sovereignty or unity and integrity.
- These offenses could include using money, exchanging words or signs, or communicating electronically. One could argue that the new clause expands the list of actions that could be interpreted as endangering India’s unity and integrity while retaining some elements of the sedition offense. It’s also unclear what activities will qualify as “subversive activities” because terms like these are not defined.
Overall, majority of the parliamentary committee’s recommendations and suggestions have been adopted. The bill marks our stepping into the age of Amrit Kal by stepping away from draconian laws towards being more victim centric. There is a major shift in approach towards dealing with crimes as the purpose of the three bills is to give justice to the victims by establishing an example in the society.
The post Bharatiya Nyaya Samhita Passed in Lok Sabha! appeared first on The Jaipur Dialogues.
Continue reading...