Explained | Indian govt proposes revamp of colonial-era laws, here’s what will change

The Indian government has proposed legislation to overhaul colonial-era criminal and penal laws, many of which were introduced in the 19th century during British rule.

On the last day of the monsoon session of the parliament on Friday (Aug 11), Union Home Minister Amit Shah introduced three bills to repeal and replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.

The Bharatiya Nyaya Sanhita will replace The Indian Penal Code of 1860; the Bharatiya Nagarik Suraksha Sanhita will replace the Code of Criminal Procedure; and the Bharatiya Sakshya Bill will replace Indian Evidence Act.

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While presenting the bills, Shah said that these changes are being brought to remove the references to the British monarchy and other "signs of slavery".

"These laws were made to strengthen the colonial rule, to protect colonial rulers, and the intention was to punish and not give justice," he said in the Lok Sabha (lower house).

"We are going to change this and the spirit of these new laws will be to protect the constitutional rights of our citizens," he added.

The minister said that the new legislation "will aim to give justice, not punishment," and justified that the overhaul was imperative as the colonial laws have been at the core of the criminal justice system for over a century.

The legislation proposes 313 amendments that will bring revolutionary changes to the criminal justice system, Shah said.

The bills have been sent to a parliamentary standing committee for deliberations before passage.

Big revamp of Indian Criminal Laws

Capital punishment for mob lynching, 20 years for false marriage

The Bharatiya Nyaya Sanhita Bill, which is replacing the Indian Penal Code of 1860, prescribes capital punishment as the maximum sentence for mob lynching.

Furthermore, it would make sexual exploitation on the pretext of marriage, employment or promotion, or through the use of a hidden identity, a crime and suggests 10 years' imprisonment.

The bill, however, does not include forceful sexual intercourse by a man with his wife under rape.

It states that “sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape.”

Community serviceadded as punishment for first time

For the first time, community service has been included as one of the punishments for petty offences.

The proposed law also states those evading arrest can be tried in their absence.

The police have to furnish an update on FIRs or First Information Reports within 90 days and an e-FIR can be lodged from anywhere.

The bill has mandated that search and challan (prosecution) process has to be videographed.

The proposed law also suggests one-year jail for bribing voters during elections.

Death sentence retained

Moreover, the bill states that it seeks to make offences more gender-neutral.

In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added with deterrent punishments.

The fines and punishment for various offences have also been enhanced.

For gang rape, the punishment can be 20 years in jail to a life term.

The death sentence has been retained in the new bills.

Sedition law strengthened?

One of the most notable changes is the repeal of Section 124A of the Indian Penal Code (IPC)—the sedition charges—which will be replaced by a more encompassing law.

Section 150 of the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, does not use the word sedition, rather it describes the offence as “endangering sovereignty, unity and integrity of India.”

It reads: “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.

Talking about the sedition charges proposed under the new bill, Shah said, “The bill for the first time defines terrorism and offences such as separatism, armed rebellion against the government, challenging the sovereignty of the country which were earlier mentioned under different provisions of law.”

He said that confiscation of property will be done on the orders of the court.

The current law on sedition

Section 124A of the IPC reads: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law in, shall be punished with im­prisonment for life, to which fine may be added, or with impris­onment which may extend to three years, to which fine may be added, or with fine.”

Difference between new and old sedition laws

The key difference between the old and the new is that Section 150 has added “electronic communication” and “use of financial means” as tools of perpetuating an act “endangering sovereignty unity and integrity of India”.

The new provision also states that the category of offence under Section 150 will not be against “the Government established by law in India,” as mentioned under Section 124A of IPC.

Under this, the offence will kick-in when acts spark “secession or armed rebellion or subversive activities or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India.”

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