Union Home Minister Amit Shah on Friday called for scrapping the archaic sedition law and replacing it with more stringent punitive measures that complement the country's contemporary state of affairs. Shah introduced three bills for the overhaul of "colonial-era" criminal laws, including repealing the controversial sedition law. The three bills that will replace Indian Penal Code, Criminal Procedure Act, and Indian Evidence Act are Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Bill, and Bharatiya Sakshya Bill respectively. With the new bills, the government aims to ensure "justice, not punishment", Amit Shah said while introducing them in the Lok Sabha.

"The three Bills that I am moving today include the principal law for the criminal justice system. One is Indian Penal Code which was formed in 1860, the second is Criminal Procedure Code which was formed in 1898 and the third is the Indian Evidence Act, which was formed in 1872," Shah said.

"From 1860 to 2023, the country's criminal justice system functioned as per the laws made by the British. The three laws will be replaced and there will be a major change in the criminal justice system in the country," the Home Minister said.

The Home Minister claimed, "The law that was thought out by the British to be used against Indians should not exist in any shape or form in our country. But it doesn't mean we should weaken our fight against anti-national elements. Rather, it should be stringent and even more punitive." 

"The laws that will be repealed... the focus of that 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," he added in the Lower House of Parliament.

Among the major highlights of the Bharatiya Nyaya Sanhita Bill is the scrapping of Section 124A, which deals with sedition, along with the addition of a new section to prescribe punishments for secession, armed rebellion, subversive activities, separatist activities, or activities that endanger the sovereignty, or unity and integrity of India. 

“The Bill for the first time defines terrorism and offenses such as separatism, armed rebellion against the government, challenging the sovereignty of the country which were earlier mentioned under different provisions of law,” Mr. Shah said adding that confiscation of property will be done on the orders of the court.

The proposed law does not have the word "sedition". It is replaced by Section 150 for acts endangering the sovereignty, unity, and integrity of India, Shah said.

According to Section 150, “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.”

Shah also announced changes in the punishment for sedition. Under the existing law, sedition is punishable by life imprisonment or imprisonment which may extend to three years. Provisions under the new bill proposed to change it to three to seven years imprisonment.

"I can assure the house that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime," Mr. Shah said while noting that the laws made by the British were full of signs of slavery aimed at punishing those opposed to their rule.

To stop the political use of punishment waivers by governments, a new provision has been made that death sentences can only be converted to life imprisonment and life imprisonment can be pardoned only within seven years of punishment.

 Shah said cases filed under sections that provide for seven years or a greater jail term would require a visit by forensic teams to the crime scene. "This will reduce the chances of acquittal of the culprits," Shah said. He also said videography would be mandatory while collecting evidence.

Shah further said that the government is introducing a provision of capital punishment for mob lynching cases in India.

Shah also told the Parliament that the Centre will introduce the provision of capital punishment in mob lynching cases.

"When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine," the new provision states.

Court proceedings will be digitized and trials will be done through video conferencing. Before 2027, all the courts of the country will be computerized, Shah said.

The Union Minister said videography of victim's statements in sexual violence cases and statement in sexual harassment cases would be made mandatory.

"Crime against women and children was given 302nd position (in prevalent laws) despite that no other crime can be more heinous. We are changing this approach, and the first chapter will now be a crime against women and children," Shah further said.

The new bills propose changes in punishment for rape. There will be provisions for the death penalty for the rape of minors, the Minister announced in Lok Sabha.

The term 'life imprisonment' has been defined as 'imprisonment for natural life'. "Shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine," the new law proposes. It also has provisions for punishment for disclosing the identity of rape survivors.

Under the new bill, the charge sheet will have to be filed within 90 days of lodging the complaint. The investigation will have to be completed within 180 days in all cases. The judge will have to give his verdict within 30 days of framing of charges.

Image source: ANI