Repealing sedition: Amit Shah introduces bills to overhaul justice system
What's the story
Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Friday, the last day of Parliament's Monsoon Session, to overhaul the criminal justice system. Shah said the new bills will repeal the British-era laws of sedition. The new bills will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Evidence Act.
Twitter Post
Complete overhaul of criminal justice system: Shah
#WATCH | Union Home Minister Amit Shah says, "...Under this law, we are repealing laws like Sedition...," as he speaks on Bharatiya Nyaya Sanhita Bill, 2023; The Bharatiya Sakshya Bill, 2023 and The Bharatiya Nagrik Suraksha Sanhita Bill in Lok Sabha. pic.twitter.com/CHlz0VOf7Z
— ANI (@ANI) August 11, 2023
Details
New clauses criminalize secessionist activities
The Bharatiya Nyaya Sanhita Bill seeks to replace the IPC enforced in 1860; the Bharatiya Nagarik Suraksha Sanhita Bill is aimed at replacing the CrPC of 1973; and the Bharatiya Sakshya Bill is in place of the Indian Evidence Act of 1872. However, Section 150 of the Bharatiya Nyaya Sanhita criminalizes "acts endangering the sovereignty or unity and integrity of India."
Background
SC asked government to refrain from registering cases for sedition
All three bills have been referred to the Standing Committee for review. Notably, the Supreme Court in May asked the Centre and state governments to refrain from registering any case of sedition under Section 124A of the IPC, noting that it is a colonial law. The 22nd Law Commission recommended in April that Section 124A be retained with certain amendments to it.
Statement
Aim not to punish, but provide justice: Shah
Shah said, "The focus of those laws was to protect and strengthen the British administration. The idea was to punish and not to give justice." He added, "The new three laws will bring the spirit to protect the rights of the Indian citizen...The aim won't be to punish, but to provide justice. Punishment will be given to create a sentiment of stopping crime."
Provisions
Special focus on crime against women, mob lynching: Shah
Furthermore, Shah said the bills include provisions for holding police officers and lawyers accountable, apart from laying down the code of conduct for judges. He said the provisions for crimes against women and children have been prioritized. He added that special attention has been paid to clauses aimed at punishing those taking advantage of women by cheating them and those involved in mob lynching.