Major Criminal Law Reform: Sedition Eliminated; Death Penalty for Mob Lynching and Minor Rape

Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Friday, aimed at replacing the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. These bills include the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023, and Bharatiya Sakshya (BS) Bill, 2023. These new bills would supersede the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.

Shah highlighted that these proposed laws are designed to reshape the country’s criminal justice system, aligning it with the contemporary needs and aspirations of the citizens. Notably, the BNS Bill introduces significant changes, including the removal of sedition as an offense and the establishment of the death penalty as the highest punishment for crimes like mob lynching and the rape of minors. The bill also introduces the concept of community service for minor offenses.

Additionally, the bills encompass new offenses like acts of secession, armed rebellion, subversive activities, separatist activities, or acts endangering India’s sovereignty, unity, and integrity. Shah criticized the laws instituted by the British colonial rulers, characterizing them as tools of oppression, and emphasized that these new laws prioritize the protection of Indian citizens’ rights.

Shah underlined that the new legislation places a focus on offenses against women and children, murder, and offenses against the State, while also rendering various offenses gender-neutral. The need for a comprehensive review of India’s criminal laws was reiterated in the statement of object for the BNSS Bill, emphasizing the alignment of these laws with contemporary societal needs and democratic values.

The government’s commitment to providing accessible and swift justice to all citizens, in line with the principles of “Sabka Saath, Sabka Vikas, Sabka Vishwas, and Sabka Prayas,” was emphasized throughout the presentation of these bills. The overarching objective remains ensuring justice in alignment with the nation’s constitutional democratic ideals. The government expressed its dedication to a comprehensive reassessment of the criminal law framework to better serve the citizenry’s legal needs.