Three criminal law bills were passed in the Lok Sabha today, namely the Bharatiya Nyaya (Second) Sanhita Bill, Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill were passed in Lok Sabha today.
These bills will replace the colonial-era laws part of the Indian Penal Code 1860, the Code of Criminal Procedure Act 1898, and the Indian Evidence Act of 1872, respectively.
Shah also announced that the Centre has decided to do away with the sedition law and spoke about how the ‘British had used it to put Indian freedom fighters in jail.’
‘The sedition law made by the British, under which Tilak Maharaj, Mahatma Gandhi, Sardar Patel, and many of our freedom fighters remained in jail for years and that law continues till date. For the first time, the Modi government has decided to completely abolish the sedition law,’ he said while speaking in the Lok Sabha.
Bharatiya Nyaya Sanhita, which will replace the Indian Penal Code, focusses on justice rather than punishment, the home minister stated.
The three bills were first introduced in Parliament during the Monsoon Session and were passed via a voice vote today.
Shah tabled the amended versions of the bills during the Winter Session.
Key Changes in Criminal Laws tabled in Parliament
The new laws are to bring a system to strengthen police accountability.
Arrested individuals will now have their details recorded at every police station. A designated police officer will be responsible for maintaining these records, Shah said.
Trafficking laws will now be gender-neutral. Murder by a group of five or more people (mob lynching) because of a certain identification identity, such as caste, language, or personal belief, is punishable by life in prison or death as well as a fine.
Sexual assault of a minor woman (under 18 years of age) would automatically attract POCSO equivalent provisions under the new laws.
Shah said ‘There was no time limit for plea bargaining earlier. Now, if one accepts their crime within 30 days of the crime, then the punishment would be less. There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that.’
In regard to registration of cases, Shah said, under the proposed laws, after a person files a complaint, an FIR will have to be registered within 3 days or a maximum of 14 days.
‘In cases punishable with punishment ranging from three to seven years, the preliminary investigation will have to be completed within 14 days. That means an FIR will have to be filed within a maximum of 14 days or three days in cases of shorter punishment,’ he noted.
While speaking about the new laws on terrorism and anti-national criminal activities, Shah said ‘Till now there was no definition of terrorism in any law. For the first time now, the Modi government is going to explain terrorism. So that no one can take advantage of its lack.’
The new laws define terrorism as an offence. It is defined as an act that ‘intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people.’
While discussing hit-and-run cases, Shah said, ‘Accidental death and death due to negligence have been redefined, if the person runs over someone with a car by accident, if the driver takes the victim to the hospital, they will face lighter punishment, but a hit-and-run case will get higher punishment.’
In order to ensure timely hearing of cases, Shah said in the proposed laws, the accused will get seven days to a plea for acquittal.
The judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case will come to trial.
‘Now the accused will get seven days to file a plea for acquittal…The judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case would come to trial. There was no time limit for plea bargaining earlier. Now if one accepts their crime within 30 days of the crime then the punishment would be less…There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that,’ Shah added.
The proceedings took place in the absence of 97 Opposition MPs, who were suspended over misconduct and unruly behaviour last week.
Shah said the bills were framed after consultations. He said they will look to establish a justice system based on ‘Indian thinking.’
He added ‘the existing laws reflect the colonial mindset of punishing for a crime but not doing justice.’
‘The three proposed criminal laws will free people from colonial mindset and its symbols,’ Shah said.
A provision for trial in absentia has also been introduced to the criminal justice system.
‘A provision for Trial in Absentia has been introduced…Many cases in the country shook us be it the Mumbai bomb blast or any other. Those people are hiding in other countries and trials are not underway. They don’t need to come here now. If they don’t appear before the Court within 90 days then in their absence trial will go on…A public prosecutor will be appointed for their prosecution. They will be hanged…It will make the process to bring them back speedy since it changes their status in the other country when they get prosecuted,’ Shah said.
Shah also spoke about the denial of justice due to the delays, especially for the financially weaker sections of society.
‘For poor, the biggest challenge to get justice is the financial challenge…For years ‘tareekh pe tareekh‘ (date after date) keep going. Police hold the judicial system responsible. The government holds the police and judiciary responsible. The police and judiciary hold the government responsible for the delay. Now, we have made many things clear in the new laws,’ he added.
Shah said in CrPC, there were 484 sections. With these bills, there would now be 531.
‘Changes have been made in 177 sections and 9 new sections have been added. 39 new sub-sections have been added. 44 new provisions have been added,’ he said.
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