Indian Criminal Laws To Be Replaced By Newer Versions; Death Penalty Retained

NEW DELHI: In a historic development, the Central government is all set to overhaul the British-era criminal laws in the country by replacing the Indian Penal Code (IPC) of 1860, Code of Criminal Procedure (CrPC) of 1973 and the Indian Evidence Act of 1872.

The Bharatiya Nyaya Sanhita will replace the Indian Penal Code, The Bharatiya Nagarik Suraksha Sanhita will replace the Code of Criminal Procedure and the Bharatiya Sakshya will replace Indian Evidence Act.

All the three new laws which seek to replace the older ones have been referred to a Standing Committee for review.

Among the new laws is one to replace the sedition law, by adding a new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India in the revised laws.

Union Home Minister Amit Shah, who is tabling the new laws, said the sedition law "has been repealed.” with the word "sedition" not included in the proposed law. It is going to be replaced by Section 150, referring to acts endangering sovereignty, unity and integrity of India.

Section 150 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 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.”

The explanation for this is: "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."

Among the additions, Amit Shah said the Centre is set to introduce a provision of capital punishment in mob lynching cases. Other proposed punishments of a severe nature include 20 years jail to life imprisonment for gang rape, and death penalty for rape of a minor. These changes are sure to be welcomes by activists demanding stricter laws to deter rapists, especially of minors.

The new bill seeks to give priority to laws for crimes against women and children, murders and "offences against the state".

For the first time in the country, community service will be one of the punishments to be dealt out for petty offences.

Moreover, offences have been made gender neutral, in keeping with demands for such changes. Also, to deal effectively with the problem of organised crimes and terrorist activities, posing a threat to national security, new offences of terrorist acts and organised crime have been added with comparative deterrent punishments.

There is also enhanced fines and punishment for various offences, while the death sentence has been retained in the new bills.

.The new changes seek to revamp British-era laws, Amit Shah told parliament.

"The laws that will be repealed... the focus of those 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," Amit Shah said in Lok Sabha.

He added that the aim will not be to punish, but to provide justice. Punishment will be given to create an environment of stopping crime, he stressed.

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