Death Penalty for Mob Lynching, , Jail for False Marriage Pledges
Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Friday aimed at repealing the British-era Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure. Among these, the Bharatiya Suraksha Sanhita Bill, 2023 proposes capital punishment as the maximum penalty for mob lynching and suggests a ten-year imprisonment term for cases involving sexual intercourse with women under false promises of marriage.
Notably, the bill clarifies that consensual sexual intercourse between a man and his wife, where the wife is above eighteen years of age, cannot be considered rape. Mr. Shah also highlighted the removal of the sedition section and emphasized that the bill introduces definitions for terrorism and related offenses, such as separatism and armed rebellion against the government, which were previously covered by different legal provisions.
He added that property confiscation would require court orders. Addressing absconding criminals like Dawood Ibrahim, the bill introduces the concept of in-absentia trials, where the court can try and sentence such individuals. With 313 proposed amendments, Mr. Shah described the bills as revolutionary changes to the criminal justice system, emphasizing their aim to provide swifter justice and align with contemporary societal needs.
Mr. Shah introduced three bills: Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023. These bills are set to replace the Indian Penal Code, 1860; the Criminal Procedure Act, 1898; and the Indian Evidence Act, 1872, respectively.
The intention behind these changes is to ensure expeditious justice delivery that resonates with current requirements. Mr. Shah requested that these bills be referred to the parliamentary standing committee on home affairs.
Regarding cases of sexual violence against women, Mr. Shah mentioned the mandatory video-recording of survivor statements. He also highlighted the new provision that deems marrying or engaging in sexual relations with a woman under deception as a distinct criminal offense. In the context of police processes, Mr. Shah indicated that police must provide updates on complaint statuses within 90 days. For cases carrying a punishment of seven years or more, consultation with the victim is mandatory before withdrawal.
The bills also introduce community service for specific crimes. Regarding the timeline for filing chargesheets, a maximum limit of 180 days has been enforced. Mr. Shah stressed that investigation delays would not be accepted indefinitely; police have 90 days for filing chargesheets, extendable by 90 days by court order but no more.
Prosecution sanction against police officers and civil servants needs to be decided by the government within 120 days; otherwise, it is assumed to be approved.
To expedite trials, the Superintendent of Police (SP) in charge will now present evidence in court, eliminating delays caused by the officer’s field visits. Videography of search and seizure is made compulsory, and chargesheets won’t be accepted without it.
A designated police officer in each station will notify the relatives of an accused about their custody status, both online and physically, to prevent illegal detention.
To prevent undue favoritism in sentence remission, death sentences can only be commuted to life imprisonment, life imprisonment can only be reduced to seven years, and seven years’ imprisonment can be waived only up to three years, regardless of political influence.
