After 76 years BHARAT Gets It's Own Law! Decoding 'Bharat's new criminal laws
The lower house of the Indian Parliament passed three criminal laws on Wednesday (Dec 20), namely the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill.
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Replacing the 'colonial-era' codes 'BHARAT' gets its own criminal laws as the Preisdent Droupadi Murmu has given her assent for the three recently passed criminal justice bills-Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagrik Suraksha (Second) Sanhita, and Bharatiya Saksha (Second) Bill. It should be noted the "Bharat" took 76 years to gets its own law.
The Criminal Bill, 2023, and The Bharatiya Nyaya Sanhita, 2023 were passed by both Houses of the Parliament during the recently-concluded Winter session. The bills were passed through voice vote in Rajya Sabha amid the absence of over two-third Opposition MPs due to their mass suspension for unruly behaviour while they were pressing for a discussion on the December 13 Parliament security breach.
According to experts, the three new laws will make punishments more stringent for terrorism, lynching, and offences endangering national security. Presenting the criminal bills in Rajya Sabha, Union Home Minister Amit Shah said that laws, once implemented, will ensure the end of the "tareekh-pe-tareekh" era and justice will be delivered within three years.
"I feel proud that for the first time, India's Parliament is framing laws for the country's criminal justice system that have a purely 'Bharatiya' soul, body and thought," Shah said while tabling the bills in Upper House. "Those who ask what will happen after these laws, I want to say that they did not have the definition of terrorism even after ruling for several decades. The Narendra Modi government has shown zero tolerance towards terrorism and has given its definition in these laws," Shah added.
- - The Bharatiya Nyaya Sanhita, 2023 (to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto). It will replace the Indian Penal Code of 1860.
- - The Bharatiya Nagarik Suraksha Sanhita, 2023 (to consolidate and amend the law relating to Criminal Procedure and for matters connected therewith or incidental thereto). It will replace the Code of Criminal Procedure of 1973
- - The Bharatiya Sakshya Bill, 2023 (to consolidate and to provide general rules and principles of evidence for fair trial) to replace the Indian Evidence Act of 1872.
Highlights of New Criminal Law Bills in India
Definition of ‘Terrorist Act’
The Bharatiya Nyaya Sanhita (BNS) introduces a distinct offense for ‘Terrorist Act,’ covering acts that pose a threat to India’s unity, integrity, sovereignty, security, economic security, or spread terror among any group.
Changes to ‘Sedition’
The offense of ‘sedition’ is eliminated, and BNS penalizes acts endangering the unity and integrity of India, replacing ‘Rajdroh’ with ‘deshdroh.’ The focus is on protecting citizens’ right to criticize the government while discouraging acts against the nation. It should be highlighted that colonisers used British-era sedition law to put Indian freedom fighters in jail. Under the new law, sedition is punishable with life imprisonment or with imprisonment which may extend to three to seven years.
Zero FIR
The BNSS2 now provides statutory backing to the concept of Zero FIR and makes it mandatory for the police station to register FIR where information regarding commission of a cognizable offence is received, irrespective of whether it has jurisdiction or not.After 76 years BHARAT Gets It's Own Law! Decoding 'Bharat's new criminal laws
The FIR has to be transferred within 15 days to the police station that has jurisdiction in the alleged crime. While FIRs are usually lodged in the police station under whose jurisdiction the alleged crime has taken place, a zero FIR lets any police station accept and register a complaint and then forward it to the pertinent station.
PROVISION FOR MOB LYNCHING
It should be noted their is separate provision for mob lynching in Bharatiya Nyaya Sanhita, 2023. Under that provision the offence is punishable with seven years or life imprisonment or death penalty,
Hit and Run’ Provisions
Punishment for ‘Hit and Run’ is up to 10 years imprisonment, with reduced punishment if the offender aids the victim after the accident.
CHANGES IN RAPE LAW
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.
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