Amit Shah unveils 3 landmark Criminal Bills
‘Death penalty for mob lynching under new criminal laws’
Discussing the three new criminal law bills in Lok Sabha, Union Minister of Home and Cooperation Amit Shah Wednesday said that in the proposed laws, there would be a provision for the death penalty for the crime of mob lynching.
An official statement issued to Press Information Bureau (PIB) said that replying in the Parliament on the three criminal bills replacing the colonial laws – the Indian Penal Code (IPC), the CrPC, and the Evidence Act, Shah said that these laws were being brought at a time when the Indian Constitution was going to complete 75 years and when Prime Minister Narendra Modi government had given women the right to 33 percent reservation.
It is a matter of great pride that 150-year-old laws are being repealed to make way for new ones that will govern our criminal justice system and usher in transformative changes in it,” he said. “The IPC has been replaced with the Bharatiya Nyaya Samhita, the CrPC with Nagarik Suraksha Samhita and the Indian Evidence Act has been replaced with the Bharatiya Sakshya Adhiniyam.”
Shah said that the goal of the IPC was not to render justice but to punish
The difference between the old and the new laws is so vast that it can be compared with the difference between the dead and the alive. Some of the members have raised concerns about some of the provisions of the laws which will be alleviated by me. But there are some members like (Asaduddin) Owaisi Ji whose concerns are different and are bigger than the laws in question and their concerns should be left to linger. Moreover, I have no solutions to their concerns,” he said.
Shah said that after Narendra Modi became the Prime Minister he appealed to renounce the mindset of slavery and the imprints of slavery to build an Atma Nirbhar Bharat.
“These three laws were made during colonial times by the Britishers. He had also appealed to get rid of the colonial laws under which these changes were brought. The earlier laws were made to govern the people. But the three new laws are brought under the principles of freedom, equality, and human rights.
In Indian scriptures, punishment is meant to provide justice to the victim and deter crimes. The three new laws abide by this principle thoroughly. Even after 75 years of our independence the IPC, CrPC, and the Evidence Act had mentions of the Lahore Court, United Kingdom of Great Britain, Great Britain and Ireland Commonwealth, Her Majesty’s government, London Gazette, the mention of the British Crown’s influence, the New England, and Her Majesty Romania,” he said.
Shah said that some Members of Parliament just did not understand what they were doing.
“I said that you have to understand all this first to understand the chapter. We will look at the table of contents of the chapter, and then you will understand. The law, that we are about to repeal was not meant to secure the rights of the citizens of this country, but for the security of the English rule. In the law, the punishment for looting government treasure, severing railway lines, and insulting the British crown was given more importance than punishment for crimes against women. Murder was placed in Section 302. Every crime against women and children has been given priority in the new laws, by changing everything. Priority has been given to crimes that affect the human body. After that, the security of the country’s borders has been given priority. After that, electoral offences have been taken into account,” he said.
Shah said that they would understand the importance if they saw it with an open mind but would never understand if their minds were rooted in Italy.
“The definition of terrorism was not present in any criminal justice system law until now. For the first time, the Modi government is going to criminalise terrorism, so that no rogue can take advantage of it. Sedition has been changed into treason. Earlier you could not say anything against the government or any individual in a high post of the government. The new law shifts its focus from the individual to the nation. Any activity will be considered treason only if it is intended against the integrity, sovereignty and unity of the nation and not just because it is against the government. Anyone can say anything against the government, but if someone interferes with the country’s flag, security, or property, they will go to jail,” he said.
Shah said that the Congress used to speak against sedition when it was in opposition and used to arrest people under the same provision.
“The new law will criminalise only treason caused by armed revolution, destructive activities, and separatist activities. The freedom fighters who languished in jail under the draconian laws of sedition will be happy to see it wherever they are today,” he said.
Shah said all the technological innovations that may come in the next 100 years had been included as legal evidence in these new laws.
“Through the use of technology, we have worked to make India’s judicial system the most modern in the world. We are moving forward by utilizing all technology to ensure swift justice. Provisions have also been made for mob lynching. I was listening to Chidambaram in a speech; he was asking about the new law on mob lynching. Chidambaram Ji you neither understand our party nor our principles. Our party has only one ideology and it is India’s excellence. Mob lynching is a grave crime and we have made provisions for the death penalty. But I want to ask you what did your government do to end this menace. You only raise this issue to put a finger on the BJP but forget soon you attain power. Because of these double standards you are in the opposition and will soon be outside the Parliament because the people understand them,” he said.
Shah said that they had made numerous adjustments to ensure a better balance in police and civilian relationships.
“To increase the percentage of convictions, we have also made many provisions for cybercrime, and for the first time, introduced community service. To make these three laws a reality 3200 suggestions from Supreme Court judges, high court judges, governors, civil servants, police service officials, MPs, CMs, collectorates and MLAs have been taken into consideration,” he said. “I sat in 158 meetings held to contemplate these suggestions. These laws give special importance to forensic science and make justice delivery time-bound.”
Shah said that the CrPC had 484 sections in place of which there would be now 531 and as many as 177 new sections have been changed, nine new sections have been added, 39 new sub-sections have been added and 14 sections have been removed.
“The IPC had 511 sections now it has 358. 21 new crimes have been added, the duration of imprisonment has been extended in 41 crimes, in 82 crimes fines have been increased, in 25 crimes minimum punishment has been introduced, in six crimes community service has been introduced and 19 sections have been removed. The Indian Evidence Act had 166 sections which have now increased to 170 and 24 sections have been changed, two new sub-sections have been increased and 6 sections have been removed,” he said. “After the Narendra Modi government came to power in 2014, the government that worked to implement its entire manifesto letter by letter, we had said that we would repeal 370 and 35. We had promised a policy of zero tolerance against terrorism, extremism, and freehand security for security personnel. We met all of these promises.”
Shah said that due to this, in J&K, the northeast and the left wing affected region had seen peace.
“In Kashmir, there was a 63 percent reduction in violent incidents and 73 percent in deaths. In the Northeast, 70 percent of the area is free from AFSPA. In Ayodhya, we said we would build the Ram temple, and on January 22, the Ram Temple will be consecrated. This is Narendra Modi’s government we do what we say. We had said that we would provide 33 percent reservation for women in Parliament and Legislative Assemblies, and we would end the practice of triple talaq for Muslim mothers and sisters,” he said. “The new laws will provide victim-centric justice and provide ease of justice through simple, accountable and transparent. The enforcement will be neutral, time-bound and speedy. We have made audio-video recordings of rape victims compulsory and emphasised forensic science. After these three laws are passed entire country will have uniform laws.”
Shah said that there would be a Director of Prosecution in the district and states who will decide on whether a case has the merit for appeal.
“The accountability of police has been fixed and the police will have to keep information on arrested individuals and an officer will be designated for the same. In this victim-centric approach, the state will not be allowed to withdraw a case without hearing the victim. The victim has to be informed about the progress of the investigation within 90 days,” he said. “Today, a new chapter has been added to the Indian Penal Code for the protection of women and children. Provisions on sexual assault on women below the age of 18 years have been aligned with the POCSO Act which will prevent the accused from taking advantage of the lenient provisions of the penal code. In case of rape of minors, life-long imprisonment or death penalty has been mandated. In case of gang rapes 20 years of imprisonment or lifelong imprisonment has been mandated. The laws have been made gender-neutral by including the trade of minor boys as a crime. We promised the people that the government would take a policy of zero tolerance and these laws make terrorism a crime for the first time. Earlier UAPA was not enforced to favour terrorists but the new laws will ensure that even if UAPA is not enforced terrorists will enjoy no legal lenience. I am surprised to see some members opposing this provision under the garb of human rights. In my view, terrorism is the biggest threat to human rights. And terrorists should be punished harshly. This is neither English rule nor Congress rule. It is Modi rule and no pretext to garb terrorism will be accepted. Anyone who uses dynamite, and poisonous gas against the well-being of the nation will be considered a terrorist. Apart from that any activity that threatens the security of the government of India, any state or any foreign government or any international government organization will be seen as terrorist activities.”
Shah said that earlier there were no laws to prevent organised crimes.
“We have given its definition for the first time. Crimes like cybercrime, economic offence, land grabbing, weapon trade, robbery, and human trafficking have been included. We have also defined economic offence for the first time. In hit-and-run cases, 10 years of imprisonment have been fixed. Provision has been brought for snatching,” he said. “Now the police will have to register an FIR within three days if the preliminary investigation suggests. In the cases in which the punishment is 3 years to 7 years of imprisonment, the Police have to register the case in 14 days. In 24 hours the case has to be taken to the magistrate. The medical report of rape victims has to be submitted in seven days. In no case, the police can hold the charge sheet for more than 180 days.”
Shah said that the new law states that only the convicted would have the right to mercy petition and not others.
“One who doesn’t even regret the crime has no right to mercy,” he said
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