Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Friday, the last day of the Monsoon session, to replace the Code of Criminal Procedure (CrPC), Indian Penal Code (IPC) and the Indian Evidence Act. The Home Minister proposed replacing the colonial era criminal laws to bring in the “spirit to protect the rights of the Indian citizens".

The IPC 1860 will be replaced by the Bharatiya Nyaya Sanhita. The Bharatiya Nagarik Suraksha bill, 2023, will replace the CrPC 1973. The Bharatiya Sakshya Bill, 2023, will govern the rules and procedures on evidences in place of the Indian Evidence Act, 1872.

These proposed legislations have been sent to a parliamentary standing committee for review.

In March this year, the Minister of State for Home, Ajay Kumar Mishra, had told the Lok Sabha that the government was starting the procedure for amending the IPC, CrPC and the Evidence Act.

A Committee for Reforms in Criminal Laws was formed by the Home Ministry in 2020. Then Vice Chancellor of National Law University Delhi Professor Dr Ranbir Singh headed the committee. Professor Dr GS Bajpai, the then Registrar of NLU Delhi, senior advocate Mahesh Jethmalani, GP Thareja, former District and Sessions Judge, Delhi, and Professor Dr Balraj Chauhan, VC of NLU Delhi were the other members.

Key provisions of Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita will contain 356 amendments. It will give precedence to offences against the state, crimes against women and children, and murder. For the first time, the offences of terrorist activities and organised crime have been added in the draft.

The proposed legislation will repeal the offence of sedition, which is criminalised under Section 124A of the IPC. The Supreme Court in May this year, had asked the Centre and state government to refrain from registering cases under the offence of sedition, reported Bar and Bench.

The new bill replaces the sedition provision with Section 150, which deals with “acts endangering sovereignty, unity and integrity of India". Such actions will be punishable with 7 years in jail, life imprisonment and fine.

The proposed changes also call for punishment for mob lynching, with the death penalty in certain cases. Other prospective punishments include death penalty for rape of a minor and 20 years jail to life imprisonment for gang rape. The provisions also include one year imprisonment for bribing voters during polls.

The Bharatiya Nyaya Sanhita also calls for community service as a punishment for petty offences, which will be the part of penal code for the first time.

The introduction of community service makes it a bit similar to the US, where the punishment is given for offences like vandalism, petty theft, and drunk driving.

Sedition to be repealed, no clarity on section 150

Amit Shah said that the new laws will “aim to give justice not punishment”. The proposed legislation has streamlined the provisions relating to criminal offences and penalties.

While the sedition clause has been repealed, the new bill does not mention if criticism of the government, without exciting or attempting to excite the activities mentioned in Section 150 will constitute an offence under the rules.

Furthermore, unless the phrase “acts endangering sovereignty, unity and integrity of India” is clarified in legal parlance, the phrase might end up becoming an excuse to take legal action against people who are critical of any governmental policies.

(Edited by : Pradeep John)