The Union Home Minister, Amit Shah, has unveiled three groundbreaking bills in the Lok Sabha that aim to replace the archaic Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, which were originally enacted during the British colonial era. This move is set to revolutionize India’s criminal justice system and prioritize citizens’ rights over outdated punitive measures.
Bill Introduction and Key Highlights:
– Amit Shah introduced the Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Bill, 2023 as substitutes for the existing laws. These bills will be referred to a parliamentary panel for thorough scrutiny.
– One of the major highlights is the complete repeal of the sedition provision in the new bill that will replace the IPC. Amit Shah assured that these bills will bring about a transformative shift in the criminal justice system.
Key Features Proposed in the Bills:
– Stringent Punishments: The bills propose maximum capital punishment for heinous crimes like mob lynching and rape of minors. This underscores the government’s commitment to ensuring severe consequences for such offenses.
– Innovative Penalties:The bills include provisions for first-time offenders to serve community service as a punishment for minor offenses. This approach aims to provide alternative rehabilitation methods for less severe crimes.
– Trial of Absconding Criminals: The proposed legislation introduces the provision to try absconding criminals like Dawood Ibrahim in absentia, ensuring justice is pursued even when the accused is not present.
– Introduction of New Offenses: The bills list new offenses such as acts of secession, armed rebellion, subversive activities, separatist activities, or endangering the sovereignty, unity, and integrity of India.
– Transformation of Intent:The bills aim to shift the focus from punishment to the provision of justice. The emphasis will be on fostering deterrence against criminal activities through the administration of suitable punishments.
– Enhanced Forensic Examination: The legislation mandates compulsory forensic team visits to crime scenes for cases involving jail terms of seven years or more. This measure is designed to improve the conviction ratio and bolster investigative procedures.
– Modernization of the Criminal Justice System:The proposed changes mark a significant departure from laws inherited from the British era. The bills reflect a concerted effort to align India’s criminal justice system with contemporary needs and values.
From British Legacy to Modern Justice
Amit Shah emphasized that the laws being replaced were originally designed to serve the British administration’s interests, with punishment taking precedence over the delivery of justice. The new trio of laws seeks to realign the legal framework to prioritize the protection of Indian citizens’ rights and well-being.
Expanded Offenses and Punishments:
The new legislation expands the range of offenses and punishments in line with contemporary challenges and societal expectations:
– Crimes against the state are introduced with severe punishments for offenses like waging war against the government or abetting such acts.
– Additional sections are included for acts endangering India’s sovereignty, unity, and integrity, as well as receiving property taken by war or depredation.
– Public servants involved in various crimes, such as disobeying laws, framing incorrect documents, or engaging in unlawful trade, will face stringent penalties.
Amit Shah’s proposal to replace the outdated colonial-era laws reflects a major shift towards justice-oriented legislation. The focus on deterrence, rehabilitation, and protection of citizens’ rights demonstrates the government’s commitment to a modern, responsive criminal justice system. As India embarks on this historic overhaul of its criminal justice system, the proposed bills promise to bring about a transformative change in the way crimes are treated, punished, and deterred. The move from punishment to justice, coupled with modern approaches to penalties and procedures, reflects a bold step towards a more just and equitable society.
News Mania Desk / Agnibeena Ghosh 13th August 2023
PM Modi Defends Govt in No-Confidence Motion, Assures Manipur of Support
