On August 11, 2023, the government introduced bills for a comprehensive reform of India’s colonial-era criminal laws. The 1860 Indian Penal Code will be replaced by the Bharatiya Nyaya Sanhita, while the Code of Criminal Procedure will be replaced by the Bharatiya Nagarik Suraksha Sanhita. Additionally, the Indian Evidence Act will be substituted by the Bharatiya Sakshya. All three bills have been referred to a Standing Committee for review, marking a significant step towards modernising and updating the legal framework of the country.
Revised laws now encompass a fresh offense about acts of secession, armed rebellion, subversive activities, separatist endeavors, or actions that jeopardize the sovereignty, unity, and integrity of India. This addition strengthens the legal framework while preserving the essence of the original legislation.
The sedition law has been repealed and replaced with Section 150, which addresses acts that endanger the sovereignty, unity, and integrity of India.
“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,” it says.
The explanation states this: “Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.”
The new legislation places emphasis on enacting laws that address offenses committed against women and children, including cases of murder, as well as offenses categorised as “against the state.” This prioritisation highlights the importance of safeguarding the rights and well-being of the most vulnerable members of our society.
Petty offenders will now face community service as one of their penalties, marking a significant shift in our approach to justice. This new measure aims to promote accountability and provide an opportunity for individuals to contribute positively to their communities while serving their sentences.
Furthermore, efforts have been made to ensure gender neutrality in offenses. To effectively address the challenges posed by organised crime and terrorist activities, new offenses pertaining to acts of terrorism and organized crime have been introduced, accompanied by stringent penalties as a deterrent.
The fines and punishment for various offences have also been enhanced.
The death sentence has been retained in the new bills.
Few new provisions under IPC:
- Section 109: Organised crime
- Section 110: Petty organised crime or organised in general Section 111: Offence of terrorist act Section 150: Acts endangering sovereignty unity and integrity of India
- Section 302: Snatching
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 includes provisions for penalising the disclosure of the identity of rape survivors, ensuring their privacy and protection.
In March 2020, the Central Government established the Criminal Law Reforms Committee to propose revisions to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872. Led by Professor Dr. Ranbir Singh, the former Vice-Chancellor of National Law University Delhi, the committee comprised esteemed individuals such as Professor Dr. GS Bajpai, the former Registrar of NLU-D, Professor Dr. Balraj Chauhan, the Vice-Chancellor of DNLU, Senior Advocate Mahesh Jethmalani, and GP Thareja, a former District and Sessions Judge in Delhi.