Expanded definitions of a terrorist act, to include that which causes monetary instability, and of cruelty to women, to include mental cruelty, and a punishment for publishing, without permission, details of court proceedings concerning rape cases are among the changes in the Bharatiya Nyaya (Second) Sanhita, 2023, a redraft of a key criminal law introduced by Union home minister Amit Shah on Tuesday in the Lok Sabha along with new versions of two other criminal laws based on changes recommended by a parliamentary standing committee.
In the Lok Sabha, Congress floor leader Adhir Ranjan Chowdhury asked the government to refer the three bills to a joint select committee but Shah refused, pointing out that the bills have already been reviewed by the parliamentary standing committee on home affairs. Shah said, “A number of recommendations of the committee have been accepted. The MPs will get 12 hours to debate the bill from Thursday.”
The three criminal law bills, which were first introduced by the government in August, were referred in the same month to the parliamentary standing committee on home affairs for review. Shah had on Monday withdrew the original bills to reintroduce their modified versions, incorporating the panel’s recommendations.
While the previous version of the bill on the penal code for the first time in the country had proposed to introduce community service as one of the punishments for “petty” offences, including for criminal defamation, the new bill to replace the CrPC has now defined what the “community service” would mean. The new bill states that “community service” shall mean the work which the court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration. It also clarifies that magistrates of first and second class can now pass orders sentencing offenders to community service.
According to section 113 of the reintroduced BNS, which deals with “terrorist act”, such activities can lead to death penalty or life imprisonment. The concept of a terrorist act was introduced for the first time in BNS, which seeks to replace Indian Penal Code (IPC), in August under Section 111.
{{/usCountry}}According to section 113 of the reintroduced BNS, which deals with “terrorist act”, such activities can lead to death penalty or life imprisonment. The concept of a terrorist act was introduced for the first time in BNS, which seeks to replace Indian Penal Code (IPC), in August under Section 111.
{{/usCountry}}The fresh inclusions will be useful for agencies to book pro-Khalistani elements (PKEs) who attack Indian missions and consulates abroad under general terrorism law. Currently, agencies apply special laws such as Unlawful Activities Prevention Act (UAPA) for such acts.
As suggested by the parliamentary committee, the government has qualified that an officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967
While introducing the reworked bills, Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagrik Suraksha (Second) Sanhita and Bharatiya Saksha (Second) Bill, which seek to replace the IPC, the Criminal Procedure Code (CrPC) and the Indian Evidence act, Shah said, “Bills had been withdrawn and three new bills introduced as a few changes were to be made.”
“The bills had been examined by the standing committee and instead of coming with official amendments, it was decided to bring the bills again,” Shah said, adding that debate on the bills will take place on Thursday and he would give a reply on Friday.
The standing committee had made nearly 50 suggestions in the old bills, but Shah said, a large number of amendments were grammatical. Five sections have been amended in the revised bills, he said.
Two key recommendations of the panel -- to include a gender-neutral provision criminalising adultery and a clause that criminalises non-consensual sex between men, women, trans persons and acts of bestiality in the BNS, have been rejected by the government and are not included in the revised bill.
The BNS introduced on Tuesday also includes a new provision under section 73, under which a person can face punishment of jail term up to two years if he or she prints or publishes any matter in relation to any proceeding before a court with respect to rape cases. In the previous version of the bill, only publishing the identity of victim was punishable.
On the parliamentary panel’s recommendation, the revised BNS has also changed the term “mental illness” to “unsound mind”.
The panel had recommended that the word “mental illness” in the proposed new criminal law may be changed to “unsound mind” as mental illness is too wide in its import in comparison to unsound mind, as it appears to include even mood swings or voluntary intoxication within its ambit.