Bills to shake up criminal law in Lok Sabha

Home minister claims Section 124A (sedition) has been fully repealed in the new bills; Twitterati calls out govt’s trickery and points to the new proposed law—Section 150

Union Home Minister Amit Shah on Friday introduced three bills in Lok Sabha to replace penal laws, claiming that the proposed laws will “transform” the country’s criminal justice system and bring the spirit to protect the rights of Indian citizens at the centre stage. Introducing Hindi names of IPC, CrPC and the Indian Evidence Act, Shah claimed sedition law will be repealed. 

Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.

Shah said the new laws, once passed, will bring an overhaul of the criminal justice system and everyone will get justice in a maximum of three years.

Union Home Minister Amit Shah speaks in the Lok Sabha, in New Delhi, on Friday. Pic/PTI

He said the new laws focus on women and children, have provision for crimes like mob lynching, and also defines terrorism for the first time.

The BNS Bill has provisions that seek to repeal sedition, and award maximum capital punishment for crimes such as mob lynching and rape of minors, the home minister said. 

“This is democracy, everyone has the right to speak,” said Shah. The bill, however, has Section 150.  Shah urged Lok Sabha Speaker Om Birla to refer the three bills for examination by the Parliamentary Standing Committee on Home Affairs.

The renaming drew sharp reactions from the DMK, the ruling party of Tamil Nadu. The party called it “Hindi imposition”. DMK President and Chief Minister M K Stalin said, “Recolonisation in the name of Decolonisation! The audacious attempt by the Union BJP Government to tamper with the essence of India’s diversity through a sweeping overhaul... reeks of linguistic imperialism.”

The proposed Section 150

Acts endangering the sovereignty, unity and integrity of India 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.

Explanation—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

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