NEW DELHI: Union home minister Amit Shah on Wednesday said that the three new criminal law bills will bring comprehensive changes in the criminal justice system in India and free the citizens from the colonial-era mindset.
Shah was replying to the debate on the three redrafted bills that were introduced in the Lok Sabha last week. The bills were later cleared by the lower house even as most opposition members were not present due to suspension.
Breaking colonial-era shackles
During the debate, Shah said that the proposed laws will free people from the colonial mindset and its symbols.
“Under the leadership of Modi ji, I have brought bills that lay emphasis on Indianness, the Indian Constitution and the well-being of the people. The laws are being changed in the spirit of Constitution,” he said.
He said that the old laws were meant only to protect the British interests and their focus was to punish and not deliver justice.
But the new laws will be future-proof with a focus on justice delivery and not just punishment, Shah added.
‘No more tareekh pe tareekh’
Shah said the timeline and financial challenges had been a big barrier to securing justice in the country.
“…justice is not delivered timely….tareekh pe tareekh milti hain (prolonged trial), police blame courts and government, courts blame police, the government holds the police and judiciary responsible…everyone keeps shifting the blame on each other,” he said.
“For the poor, the biggest challenge to get justice is finance … now, we have made many things clear in the new laws. There will be no lingering on,” he said.
“Enquiry report will have to be submitted to a magistrate within 24 hours, the filing of charge sheet cannot be delayed for more than 180 days and even if the investigation is still pending, special permission will have to be taken from the court.
“The judges will not be able to reserve judgement for more than 45 days..the visit of an FSL team will be mandatory in cases of offence where punishment is more than seven years,” he said.
“Now the accused will get seven days to file a plea for acquittal…
“The judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case would come to trial.
“There was no time limit for plea bargaining earlier. Now if one accepts their crime within 30 days of the crime then the punishment would be less.
“There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that,” Shah added.
End of sedition law, mob lynching an offence
Speaking about the other changes proposed by the government, Shah said the there will now be 531 sections in CrPC from 484 earlier.
“Changes have been made in 177 sections and 9 new sections have been added. 39 new sub-sections have been added. 44 new provisions have been added,” he said.
Speaking about one of the most important changes, Shah said that sedition has been removed under the new laws and replaced with a legislation that will punish anyone who talks against the country.
He, however, clarified that if someone opposes the Centre and its policies, the individual wouldn’t be punished as it’s their “freedom of speech”.
He also said that “mob-lynching” has been included as an offence in the bills.
Shah said under the proposed laws, anyone involved in terror activities or working against the country will be given the strictest punishment possible, adding that those harming the nation “won’t be spared”.
He also said that the new bills have a provision of trial in absentia for those who are “hiding in other countries” for terror acts and other offences in India.
Provision for trial in absentia
“Many may have objections to the provisions under trial in absentia. What sympathy can there be for someone who has committed a crime and fled the country? Whether it’s the Mumbai bomb blast or any other act of terrorism. They commit any crime and take refuge in countries like Pakistan or others. The question arises, should they be punished or not?”
The home minister said those evading trial by staying abroad should face legal consequences.
During his speech, Shah said the bills will encourage the use of technology in giving justice to people.
Shah had introduced the three redrafted bills — the Bharatiya Nyaya (Second) Sanhita (BNS), the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS) and the Bharatiya Sakshya (Second) Bill (BSB) — last week and the Lok Sabha on Tuesday took them up for a debate for their consideration and passage.
The proposed legislations seek to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.
During the monsoon session, the home minister had withdrawn the three bills since they were referred to the Standing Committee which gave its recommendations.
Instead of announcing the official amendments, it was decided to bring the bills again in the lower house.
During the debate in the lower house, Shah said that he has gone through the laws extensively and has held 158 meetings so far.
“I have not only read every line of proposed criminal laws but have gone through every comma, full stop,” Shah told the Lok Sabha.
(With inputs from agencies)
Watch ‘Death penalty for mob lynching under new criminal laws’: HM Amit Shah; Lok Sabha clears 3 new bills
Shah was replying to the debate on the three redrafted bills that were introduced in the Lok Sabha last week. The bills were later cleared by the lower house even as most opposition members were not present due to suspension.
Breaking colonial-era shackles
During the debate, Shah said that the proposed laws will free people from the colonial mindset and its symbols.
“Under the leadership of Modi ji, I have brought bills that lay emphasis on Indianness, the Indian Constitution and the well-being of the people. The laws are being changed in the spirit of Constitution,” he said.
He said that the old laws were meant only to protect the British interests and their focus was to punish and not deliver justice.
But the new laws will be future-proof with a focus on justice delivery and not just punishment, Shah added.
‘No more tareekh pe tareekh’
Shah said the timeline and financial challenges had been a big barrier to securing justice in the country.
“…justice is not delivered timely….tareekh pe tareekh milti hain (prolonged trial), police blame courts and government, courts blame police, the government holds the police and judiciary responsible…everyone keeps shifting the blame on each other,” he said.
“For the poor, the biggest challenge to get justice is finance … now, we have made many things clear in the new laws. There will be no lingering on,” he said.
“Enquiry report will have to be submitted to a magistrate within 24 hours, the filing of charge sheet cannot be delayed for more than 180 days and even if the investigation is still pending, special permission will have to be taken from the court.
“The judges will not be able to reserve judgement for more than 45 days..the visit of an FSL team will be mandatory in cases of offence where punishment is more than seven years,” he said.
“Now the accused will get seven days to file a plea for acquittal…
“The judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case would come to trial.
“There was no time limit for plea bargaining earlier. Now if one accepts their crime within 30 days of the crime then the punishment would be less.
“There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that,” Shah added.
End of sedition law, mob lynching an offence
Speaking about the other changes proposed by the government, Shah said the there will now be 531 sections in CrPC from 484 earlier.
“Changes have been made in 177 sections and 9 new sections have been added. 39 new sub-sections have been added. 44 new provisions have been added,” he said.
Speaking about one of the most important changes, Shah said that sedition has been removed under the new laws and replaced with a legislation that will punish anyone who talks against the country.
He, however, clarified that if someone opposes the Centre and its policies, the individual wouldn’t be punished as it’s their “freedom of speech”.
He also said that “mob-lynching” has been included as an offence in the bills.
Shah said under the proposed laws, anyone involved in terror activities or working against the country will be given the strictest punishment possible, adding that those harming the nation “won’t be spared”.
He also said that the new bills have a provision of trial in absentia for those who are “hiding in other countries” for terror acts and other offences in India.
Provision for trial in absentia
“Many may have objections to the provisions under trial in absentia. What sympathy can there be for someone who has committed a crime and fled the country? Whether it’s the Mumbai bomb blast or any other act of terrorism. They commit any crime and take refuge in countries like Pakistan or others. The question arises, should they be punished or not?”
The home minister said those evading trial by staying abroad should face legal consequences.
During his speech, Shah said the bills will encourage the use of technology in giving justice to people.
Shah had introduced the three redrafted bills — the Bharatiya Nyaya (Second) Sanhita (BNS), the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS) and the Bharatiya Sakshya (Second) Bill (BSB) — last week and the Lok Sabha on Tuesday took them up for a debate for their consideration and passage.
The proposed legislations seek to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.
During the monsoon session, the home minister had withdrawn the three bills since they were referred to the Standing Committee which gave its recommendations.
Instead of announcing the official amendments, it was decided to bring the bills again in the lower house.
During the debate in the lower house, Shah said that he has gone through the laws extensively and has held 158 meetings so far.
“I have not only read every line of proposed criminal laws but have gone through every comma, full stop,” Shah told the Lok Sabha.
(With inputs from agencies)
Watch ‘Death penalty for mob lynching under new criminal laws’: HM Amit Shah; Lok Sabha clears 3 new bills