The central government introduced three important bills in the monsoon session.
Some people would disagree that laws require change from time to time. So that they can remain aware of the development of technology and changes in the society. However, this does not mean that completely new codes should be implemented. The law should change with time but it should not be used for political selfishness for the good of the society. Recently, the Central Government in India has introduced three important bills in the monsoon session. Presented.
The central government introduced three important bills in the monsoon session. The new bills will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act.
The three new bills include the Bharatiya Nyaya Sanhita Bill, 2023 to replace the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 to replace the Code of Criminal Procedure, 1898; and the Bharatiya Sakshya Bill, 2023 to replace Indian Evidence Act, 1872.The Bills will now be sent to the Select Committee, which will take some time to become effective.
“These British laws were made to strengthen and protect the British government and the aim was to punish and not bring justice. The spirit of three new laws that we are bringing will not be to punish but to give justice to every citizen and to prevent further crimes,” he said.
Sedition replaced by a ‘draconian’ provision
“Sedition (law) was brought (by the British) to save their rule. We have taken the historic decision to repeal sedition completely. This is a democracy, everyone has the right to speak,”
This change, introduced by Union Home Minister Amit Shah, repeals sedition 124A of the IPC. During his address, Home Minister Amit Shah said, 'Everyone has the right to speak, so we are repealing sedition completely.' New Indian Judiciary Code Bill has been introduced and new sections of terrorist acts and organized crime have been introduced. Crimes have been linked with deterrent punishment. The old IPC had 511 sections and the new bill has 356 sections.
However, a look at Section 150 of the Bharatiya Nyaya Sanhita, 2023 shows that while the word sedition may have been removed, the law remains and, in many ways, has been made more draconian by making it punishable with imprisonment for life or seven years imprisonment and shall also be liable to fineSection 150 details Acts endangering the sovereignty, unity, and integrity of India.
It states: “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 mean, 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.”
The explanation of the section states the following: “Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.”
In comparison, the Sedition law (Under 124A IPC) had stated: “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 3[India], shall be punished with 5[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.”
In its explanation, the law defined the expression “disaffection” as including disloyalty and all feelings of enmity.
The Section also explained that “comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.”
It further added that “comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.”
These included sections on crimes against the state
The government has introduced sections 145 to 156 related to crimes against the state. It includes waging war against the Government of India, or attempting to wage war, or abetting the waging of war, conspiracy to commit an offense punishable under section 145 with intent to wage war against the Government of India, collecting arms, etc. Similarly, section 148 talks about concealment with intent to wage war. Section 149 deals with assaulting the President, Governor, etc., with intent to compel or prevent the exercise of any lawful power.
More stringent punishment for threatening the sovereignty and integrity of India
The new Bill also provides for punishment for acts threatening the sovereignty, unity and integrity of India and obtaining property taken by war or destruction mentioned in the sections. If any public servant tries to allow a prisoner of war to escape, he will be severely punished. Aiding, rescuing or harboring a prisoner of state or war by a public servant voluntarily allowing such prisoner to escape has been included in the new bill that will replace the IPC.
Punishment for crimes against the state is 10 years.
The punishment for crimes against the state ranges from three to 10 years. A new section has also been added on secession, armed rebellion, subversive activities, separatist activities or acts threatening the sovereignty or unity and integrity of India. The fine and punishment for various offenses have also been suitably increased.
Election Related Crimes
New sections related to crimes committed during elections have also been included in this new bill. A total of nine sections have been given from sections 167 to 175. These include persona in election, punishment for bribery, undue influence or persona in election. The government has also made provisions for punishment for making false statements in connection with elections, making illegal payments in connection with elections, failure to maintain accounts of elections, etc. The government has also given sections related to public servants involved in various crimes in the new Indian Judicial Code Bill.
Key features of new Bills
Three new Bills will bring important changes to make them relevant to Indian society and drop references to colonial rule.
The Bharatiya Nagarik Suraksha Sanhita Bill, 2023 which will replace CrPC will have 533 provisions. “We have changed 160 provisions, added 9 new provisions and 9 provisions have been removed,” Shah said.
The Bharatiya Nyaya Sanhita Bill, 2023 to replace IPC will have 511 provisions against the 356 in the earlier law. “There are changes in 175 provisions, 8 new provisions have been added and 22 have been removed,”
The Bharatiya Sakshya Bill, 2023 to replace Indian Evidence Act will have 170 provisions instead of the 166 earlier. “23 provisions have been changed, one has been added and five removed,” he said.
Manner of introduction ‘unfair’
Concerns were also raised that the Bills were introduced on the last day of the monsoon session and listed moments before their introduction.
new legislations will overhaul the criminal justice system, lawyers said that it could bring operational difficulties.
“Introduction on the last day is unfair but the parliamentary standing committee may consider amending rather than bringing new laws as there may be difficulties in interpreting provisions, bringing the criminal justice system to a grinding halt.”
The Indian Government just introduced 3 bills to completely overhaul and replace the core of Indian criminal law. No consultation. No discussion. No chance for any experts to review them.
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The Central Government Introduced
Three Important Bills In The Monsoon Session
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