Three new bills that seek to overhaul the colonial-era criminal laws, making punishments more stringent for crimes such as terrorism, lynching, and offences endangering national security, were approved by Parliament on Thursday.
The bills were passed in the Rajya Sabha by voice vote. The Lok Sabha had approved these on Wednesday. The bills that repeal and replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act will usher in a new era in the criminal justice system, Home Minister Amit Shah said while replying to a debate in the Upper House of Parliament. The Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bills will now go to the president for her assent, upon which these will become laws.
Just like in the Lok Sabha, the legislations were passed in the Rajya Sabha in the absence of most opposition MPs, who were suspended for unruly behaviour while pressing for a discussion on the December 13 security breach in Parliament. Replying to the debate, Shah said once the new criminal laws are implemented, the entire process from FIR to judgment will be online. Their implementation will ensure the end of the ‘tareekh-pe-tareek’-era and justice will be delivered in three years, he said.
Elaborating on the new provisions, Shah said terrorism has been defined and mob lynching made punishable with capital punishment. Also, stringent punishment has been prescribed for those who work against the country, he said.
The absence of the opposition Congress did not stop him from taking a swipe at the party, with Shah saying those who wear “Italian glasses” cannot feel the pride in the Indian Parliament framing the new criminal laws. His jibe was directed at the party’s former chief Sonia Gandhi, who is of Italian descent. Shah said the bills had perhaps the widest consultations ever and 72 per cent of the recommendations of the Parliamentary Standing Committee which scrutinised the bills were accepted.
“We were charged for protecting mob lynching. But you (Congress) did not make law, we have. There is no bigger crime than killing a human being and it will be dealt with stringently,” he said, adding the least number of mob lynching cases happened during the Narendra Modi government. The process of e-courts, e-prisons and e-prosecution is complete, he said and added trials can also be held online.
Stating that the sedition law has been scrapped, Shah said the new laws provide for punishment of acts against the sovereignty and integrity of the country but not against criticism of the state. “These are to protect the country, not any individual or government,” he said.
The new laws provide for stringent punishment for crimes against women and also define organised crime by plugging loopholes. Hit-and-run cases will be punishable by 10 years’ imprisonment while a lenient view is taken in cases of road accidents where the accused attends to the victims by taking them to hospital, Shah said.
The bills provide for timelines from the registration of FIRs to the investigation and filing of charge sheets. Trial in absentia will now take place of accused such as those in bomb blasts or economic offences who, after committing crimes, are hiding, he said.
A timeframe has also been prescribed for filing of mercy petitions, Shah said and added only those convicted on death row can file such petitions within 30 days of the Supreme Court confirming the punishment and no one else can file such pleas. The home minister said the new laws provide for stringent punishment for anyone establishing sexual relationships on false promises or the promise of marriage.
Seizure of properties of proclaimed offenders has been provided. Community service has been provided for petty offences that will ease the pressure of jails, he said.
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