The Indian government has proposed new legislation to modernize the outdated criminal and penal laws that were originally introduced during British colonial rule in the 19th century.
During the final day of the parliament’s monsoon session on Friday (Aug 11), Union Home Minister Amit Shah presented three bills that aim to repeal and replace the existing Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.
The new legal framework consists of the Bharatiya Nyaya Sanhita, which will replace the Indian Penal Code of 1860; the Bharatiya Nagarik Suraksha Sanhita, to replace the Code of Criminal Procedure; and the Bharatiya Sakshya, intended to replace the Indian Evidence Act.
Shah explained that these changes are aimed at removing references to the British monarchy and other symbols of colonial rule. He emphasized that the original laws were designed to strengthen colonial authority, protect rulers, and focus on punishment rather than justice.
He further added that the new legislation is intended to prioritize justice over punishment and that the reform is essential given that the colonial laws have been the foundation of the criminal justice system for over a century.
The proposed legislation introduces 313 amendments that seek to bring significant changes to the criminal justice system.
These bills have been sent to a parliamentary standing committee for further discussion before being formally passed.
The Bharatiya Nyaya Sanhita Bill, intended to replace the Indian Penal Code of 1860, includes provisions that prescribe capital punishment as the maximum sentence for mob lynching. Additionally, the bill addresses sexual exploitation under various contexts, proposing a ten-year imprisonment term for such offenses. However, it does not include marital rape, stating that “sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
The legislation introduces community service as a punishment for petty offenses for the first time and allows trial in absentia for those evading arrest.
The bill mandates updates on First Information Reports (FIRs) within 90 days, and it enables the lodging of E-FIRs from any location. Furthermore, the search and prosecution process must be videographed.
The proposed law also includes penalties for bribing voters during elections, aiming to make offenses more gender-neutral.
In order to address organized crimes and terrorist activities, the legislation adds new offenses related to terrorism and organized crime, carrying severe punishments. Fines and penalties for various offenses have been increased.
The punishment for gang rape under the new bills can range from 20 years in jail to a life sentence, and the death penalty remains a possible punishment.
A significant change includes the repeal of Section 124A of the Indian Penal Code (IPC), which deals with sedition charges. This section will be replaced by a more comprehensive law under Section 150 of the Bharatiya Nyaya Sanhita Bill, 2023, which refers to acts endangering the sovereignty, unity, and integrity of India.
Union Home Minister Shah emphasized that this bill introduces definitions of terrorism and offenses related to separatism, armed rebellion, and challenging the sovereignty of the country.
Confiscation of property will be based on court orders, and the new law covers acts that promote secession, armed rebellion, or subversive activities that endanger sovereignty, unity, and integrity of India.
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