Sedition law to be recast as Amit Shah tables 3 Bills to replace IPC, CrPC, Evidence Act

Aditi Tandon & Mukesh Ranjan

Tribune News Service

New Delhi, August 11

The government on Friday piloted three new Bills to replace the colonial-era Indian Penal Code, 1860; Code of Criminal Procedure, 1898; and the Indian Evidence Act, 1872; and shift the justice system focus from retribution to reform.

Move initiated for massive revamp of criminal laws

Crime against women

• 20-yr jail or life for gang rape
• Death for raping minors
• Up to 10-yr jail for sexual exploitation on pretext of marriage, job, promotion or by hiding ID
• Victim’s statement, video recording must in sexual assault case
• Police to provide status update on case within 90 days

Mob lynching

• 7-yr jail, life term or death if group of 5 or more involved

Punishment waiver

• Death can only be reduced to life term; life only to 7 yrs

Declared criminals

• Compensation through properties of declared criminal
• Stricter punishment in case of organised crime, int’l gangs

Prosecuting officials

• Sanction against officials to be given/denied within 120 days; if no response, it will be deemed to be sanctioned

First-time provisions

• Trial in absentia if criminal declared absconding
• For cases entailing less than 3-yr jail, summary trial enough
• Community service as punishment in case of petty offences

Enabling citizens

• Zero FIR at any police station
• FIR to be sent to police station concerned within 15 days
• Arrested person’s kin to get certificate of police responsibility

Introducing The Bharatiya Nyaya Sanhita Bill-2023 (replacing the IPC), The Bharatiya Nagarik Suraksha Sanhita Bill-2023 (replacing the CrPC) and The Bharatiya Sakshya Sanhita Bill-2023 (replacing the Evidence Act) in the Lok Sabha, Home Minister Amit Shah said the new Bills would remove 475 colonial references, ensure the provisions lead to reform and deterrence, repeal sedition (Section 124 A), punish lynching and child rape with the maximum penalty of death; define terrorism and organised crime for the first time; legalise e-FIRs, e-warrants, e-documents for speedy justice; provide for in-absentia trials of absconders like Dawood Abrahim enabling their extradition and curtail government powers to remit sentences.

Although Section 124 A has been struck off, a new offence — acts endangering sovereignty, unity and integrity of India (Section 150) — has been added to Nyaya Sanhita.

It reads, “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.” The sedition offence is punishable with life, fine or imprisonment up to three years.

Terrorism under The Nyaya Sanhita Bill

• A terrorist is one who commits any act in India or in any foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order.
• Crimes like armed insurgency, subversive activities, separatism, challenging unity, sovereignty and integrity of India have been defined in this law. There is also a provision for attaching the property of the terrorist.

In major reforms, the new Bills (sent to the Parliamentary Committee on Home for review) raise punishments for grave offences — gang rape with 20 years to life; permanent disability or brain death due to greivous hurt with not less than 10 years to life.

Hit-and-run cases will be punished severely. “If someone causes hurt by rash driving and runs away, they can face 10 years in jail. Today they can get bail,” said Shah, adding that cohabitation caused by a man deceitfully inducing a belief of lawful marriage would be punished as rape and snatching would be made an offence.

Provisions under revamped criminal laws

Digitisation & scientific evidence

• Filing of FIR, case diary, charge-sheet, getting judgment to be digitised.
• Focus on forensic sciences in investigation.
• Forensic team must visit crime scene if punishment is 7 years or more.
• Each district to have three mobile forensic science labs.
• All courts to be computerised by 2027.

Definition of documents has been expanded to include digital records and messages; e-warrants have been legalised; people can file FIRs anywhere even by mobile and the police will be duty-bound to report the FIR to the jurisdiction concerned in 24 hours.

In a first, laws will mandate information of arrest to families and punish erring police personnel. This will prevent habeas corpus petition burden in courts. “Chargesheets will have to be filed within a maximum 180 days, court will have to frame charges in 60 days, deliver judgment within 60 days after arguments conclude and no more than two adjournments will be permitted,” sources said. First-time offenders, who are under trial, will be eligible for bail if they have served one-third of the sentence. Summary trials will be allowed in petty cases with estimation that the move will reduce court case burden by 33 per cent. Currently, nearly five crore cases are pending in courts — from subordinate to apex.

“With the new reforms, the accused can be punished in three years,” the sources said.

In another move, the Bills propose a forensic probe before a police probe in cases with more than seven years’ punishment and say that if such cases are to be ever withdrawn, victim consent would be a must. It is not needed today. With this, the conviction rate can be taken from 50% today to 90% within seven years. Under reformed laws, if governments do not give prosecution consent for civil servants in 120 days, consent will be deemed to have been given and trial will proceed.

The new Bills also do away with the requirement that police personnel who gave witness statements during a probe would need to return as witnesses on trial stage. “This leads to massive delays. Now, we have said courts can call serving SPs as a witness. This move alone will cut delays by 70%,” the sources said.

The new Bill also says that assets acquired by forgery will be allowed to be confiscated and distributed to victims. “Right now, the accused is happy to serve six years in jail and return to enjoy the proceeds of crime,” the sources said. The new Bills restrict powers of the Centre and the state governments to grant remissions — death penalty can be remitted to life; life to not less than seven years and seven years to not less than three years.

The states will need to bring witness protection schemes under new Bills.

Shah said all Indian courts were expected to be digitised within seven years.