Union Home Minister Amit Shah has unveiled a trio of bills in the Lok Sabha, signifying a sweeping transformation of India's criminal justice system. These bills aim to replace the existing Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act. Shah's presentation emphasized a paradigm shift from punishment-oriented laws to a justice-centered framework, aligning with the government's vision for a more equitable legal system.
The proposed legislative measures –
- the Bharatiya Nyaya Sanhita, 2023 (to replace IPC),
- the Bharatiya Nagarik Suraksha Sanhita, 2023 (to replace CrPC), and
- the Bharatiya Sakshya Bill, 2023 (to replace IEA)
– are slated for thorough evaluation by a parliamentary panel, as confirmed by Shah.
Central to the new bills is a departure from punitive intent to genuine dispensation of justice, as Shah underscored. He elucidated that the erstwhile laws were rooted in upholding British administrative interests, prioritizing punitive measures over justice. By overhauling these statutes, the proposed trio of legislations seeks to safeguard the rights of Indian citizens and to foster a culture of justice.
Shah underscored that the fundamental objective of these bills is not punitive in nature; rather, it is to serve the cause of justice. While maintaining that punishment would continue to act as a deterrent to criminal activities, Shah's overarching emphasis remains on providing justice.
In a significant announcement, Shah revealed the repeal of the sedition law, replacing it with Section 150 that addresses acts endangering India's sovereignty, unity, and integrity. This revised provision encompasses various forms of provocative communication and actions threatening secession, armed rebellion, or subversive activities.
Addressing mob lynching cases, Shah signaled the government's intent to introduce capital punishment. The new legislation introduces the possibility of the death penalty when a group of five or more individuals collaborates to commit murder based on discriminatory grounds such as race, caste, or religion.
Furthermore, Shah highlighted changes in punishment for rape offenses. The bills introduce provisions for capital punishment in cases involving the rape of minors. The term "life imprisonment" is redefined to mean incarceration for the natural life of the perpetrator. The proposed law prescribes rigorous imprisonment for a duration not less than ten years, extendable to the remainder of the perpetrator's natural life, alongside fines. The legislation also addresses penalties for disclosing the identities of rape survivors.
