Criminal laws overhaul: New law to replace sedition; 20 year jail for gang-rape; capital punishment for mob lynching

Three Bills were introduced in the Lok Sabha to overhaul the colonial-era criminal laws so as to include maximum punishment for crimes. The Bills were referred to the Standing Committee for review, writers ETV Bharat's Sumit Saxena.

New Delhi:The Centre on Friday introduced three bills in the Lok Sabha for a complete overhaul of the criminal laws, originating in the colonial era, to include maximum punishment for crimes.

Punishment for rape is imprisonment for a term not less than ten years that may be extended to imprisonment for life while punishment for gang-rape can be 20 years in jail to a life term. There is provision for imprisonment for sexual intercourse on false promise of marriage, retaining death sentence and also a new offence of endangering sovereignty unity and integrity of India, instead of sedition.

The Indian Penal Code of 1860 will be replaced by The Bharatiya Nyaya Sanhita, The Bharatiya Nagarik Suraksha Sanhita will replace the Code of Criminal Procedure, and The Bharatiya Sakshya will replace Indian Evidence Act. All three bills were referred to the Standing Committee for review. Union Home Minister Amit Shah also announced that the Centre plans to introduce the provision of capital punishment in mob lynching cases.

According to the government, the offences against women and children, murder and offences against the state have been given precedence. "The various offences have been made gender neutral. In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added in the Bill with deterrent punishments."

"A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added. The fines and punishment for various offences have also been suitably enhanced," read the statement of objects and reasons of Bharatiya Nyaya Sanhita.

The sedition law has been replaced by Section 150, which says: “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic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 mean, 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 explanation states: “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.”

For gang-rape, each of the accused shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.

“Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death,” said the chapter for offences against women and children.

On sexual intercourse on basis of false marriage promise, the bill said, “Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine”.

It is proposed to provide first time community service as one of the punishments for petty offences. The proposed law also suggests a one-year jail term for bribing voters during elections.