‘Sedition to be treason’: Amit Shah explains proposed changes to criminal laws
Shah said sedition has been turned into a treason. Per the proposed laws, criticising government or government functionaries is fully permissible.
The Lok Sabha on Wednesday passed three bills linked to the country's criminal justice system. The new bills -- Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023 -- will replace the colonial IPC, CrPC and Evidence Act respectively, Union home minister Amit Shah, responding to a debate in the Parliament on the bills, said the current laws were aimed at protecting the treasures and the crown of British rulers. Listing the proposed changes to criminal law these bills aim to bring, Shah said charge sheets will have to be filed within 180 days and the magistrate will have to take cognizance of it within 14 days.
"The law of treason made by the British has ended, and now the country's security is paramount. Anyone can say anything against the government, but if someone interferes with the country's flag, security, or property, they will go to jail," he said
The Indian Penal Code has been replaced with the Bharatiya Nyaya Samhita, the CrPC with Nagarik Suraksha Samhita and the Indian Evidence Act has been replaced with the Bharatiya Sakshya Adhiniyam.
Explaining the motive behind bringing the laws, Shah said the laws brought by the British focused on punishment for looting government treasure, severing railway lines, and insulting the British crown; punishment for crimes against women were given low priority. To emphasize his point, he said murder was placed in Section 302.
He said in the new bills, priority has been given to dealing with crimes that affect the human body. "After that, the security of the country's borders has been given priority. After that, electoral offences have been taken into account," he added.
The new proposed bills also define terrorism in modern context, he said. "For the first time, the Modi government is going to criminalize terrorism, so that no rogue can take advantage of it," he added.
Shah said sedition has been turned into a treason. Per the proposed laws, criticising government or government functionaries is fully permissible.
"The new law shifts its focus from the individual to the nation. Any activity will be considered treason only if it is intended against the integrity, sovereignty and unity of the nation and not just because it is against the government. Anyone can say anything against the government, but if someone interferes with the country's flag, security, or property, they will go to jail," he explained.
The new law will criminalize treason caused by armed revolution, destructive and separatist activities.
Shah said 3200 suggestions by Supreme Court judges, high court judges, governors, civil servants, police service officials, MPs, CMs, collectorates and MLAs had been taken into consideration before giving final shape to the proposed laws.
The CrPC had 484 sections in place of which there will now be 531, he said, adding 177 new sections have been changed, 9 new sections have been added, 39 new sub-sections have been added and 14 sections have been removed.
The IPC had 511 sections and now it has 358. 21 new crimes have been added, duration of imprisonment has been extended in 41 crimes, in 82 crimes fines have been increased, in 25 crimes minimum punishment has been introduced, in 6 crimes community service has been introduced and 19 sections have been removed.
The Indian evidence act had 166 sections which have now increased to 170 and 24 sections have been changed, two new sub sections have been increased and 6 sections have been removed.
There will be a Director of Prosecution in the district and states who will decide on whether a case has the merit for appeal.
The accountability of police has been fixed and the police will have to keep information on arrested individuals and an officer will be designated for the same.
The state will not be allowed to withdraw a case without hearing the victim. The victim has to be informed about the progress of the investigation within 90 days.
"Provisions on sexual assault on women below the age of 18 years have been aligned with the POCSO Act which will prevent the accused from taking advantage of the lenient provisions of the penal code. In case of rape of minors, life-long imprisonment or death penalty has been mandated. In case of gang rapes 20 years of imprisonment or lifelong imprisonment has been mandated. The laws have been made gender-neutral by including the trade of minor boys as a crime," he said.
"Anyone who uses dynamite, poisonous gas etc against the well-being of the nation will be considered a terrorist. Apart from that any activity that threatens the security of the government of India, any state or any foreign government or any international government organization will be seen as terrorist activities," he added.
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The police will have to register an FIR within three days if it finds merit for it in a preliminary investigation. In cases where punishment ranges from between 3 and 7 years, the police will have to register the case within 14 days. The medical report of rape victims will have to submitted in seven days.
"The new law states that only the convicted will have the right to mercy petition and not others. One who doesn't even regret the crime has no right to mercy," he said.
Criminals will get punished and their properties will also be seized under provision of Trial in Absentia.
"A provision for Trial in Absentia has been introduced...Many cases in the country shook us, be it the Mumbai bomb blast or any other. Those people are hiding in other countries and trials are not underway. They don't need to come here now. If they don't appear before the Court within 90 days then in their absence a trial will go on...A public prosecutor will be appointed for their prosecution...It will make the process to bring them back speedy since it changes their status in the other country when they get prosecuted," he said.