On Wednesday (20th December), the Lok Sabha passed the new Criminal Law pills and replaced the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act. Union Home Minister Amit Shah informed the Lok Sabha that the sedition Law had been repealed and mob lynching has been penalised with death.
Following the Home Minister’s address and voting, the three bills were passed by the Lok Sabha by voice vote. He introduced the three amended criminal law bills in Lok Sabha last week that will replace the IPC, CrPc, and Indian Evidence Act.
SSpeaking in the Lok Sabha on three new criminal law bills. https://t.co/R9dNYYD0VA
— Amit Shah (@AmitShah) December 20, 2023
Sedition repealed, the new bill penalises those who speak against the country
During his address, Shah noted that the sedition law was brought in by the Britishers and was used against many of our freedom fighters.
While announcing the law’s repeal, the Home Minister said, “The British made sedition law which had left our freedom fighters in jail for decades had been misused by the other governments. For the first time, the Modi government has decided to totally remove section 124- sedition.”
@AmitShah: The British made sedition law, under which a lot of freedom fighters went to prison, was still in application. For the first time, we have removed it.
— Bar & Bench (@barandbench) December 20, 2023
Instead of sedition, we have penalised deshdrohi. Now that we're independent, anybody can speak against the… pic.twitter.com/JLh6on7gZ6
The government has brought Deshdroh instead of Raajdroh, the Minister noted.
“Anyone can criticise the government. No one will go to jail for criticising the government. But no one can speak against the country,” Amit Shah said.
‘Why didn’t you brought a law’, Home Minister lambasts opposition on the hue and cries over ‘Mob lynching’
The Home Minister also told the Lok Sabha that “mob-lynching” had been included as an offence in the New bills. Slamming the Congress party, Shah stated that the opposition used ‘mob lynching’ to abuse the BJP, but they forgot to make laws on it.
“Mob lynching is a disgusting crime and in the new law, we are making a provision for the death penalty for the crime of mob lynching. But I want to ask Congress that you have also ruled the country for years, why did you not make a law against mob lynching? You used the word mob lynching just to abuse us, but forgot to make laws when you were in power,” Amit Shah said in Lok Sabha.
Mob lynching is a disgusting crime and in the new law we are making a provision for death penalty for the crime of mob lynching. But I want to ask the Congress that you have also ruled the country for years, why did you not make a law against mob lynching?: Amit Shah in Lok… pic.twitter.com/SrUJLMX0RL
— Republic (@republic) December 20, 2023
New Bills keep people at its centre, imparts Justice rather than punishment
He noted that the motive of the Indian Penal Code was to give punishment, not justice. He added the British-era laws were aimed at protecting foreign rule whereas the new bills are people-centric. Bharatiya Nyaya (Second) Sanhita, 2023 will come into effect in the country after the passage from the House, the Home Minister told Lok Sabha.
VIDEO | "The motive of Indian Penal Code was to give punishment, not justice; in place of that Bharatiya Nyaya (Second) Sanhita, 2023 will come into effect in the country after the passage from the House," says Union Home Minister Amit Shah. pic.twitter.com/WXNFyX1yyv
— Press Trust of India (@PTI_News) December 20, 2023
The Home Minister further asserted that the new criminal law bills are in consonance with the spirit of the Constitution and have been brought keeping in mind the well-being of the people of the country.
He said, “Under the leadership of Modiji, 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 the Constitution.”
Shah emphasised that the new legislations will replace British-era laws. Taking a jibe at the opposition leaders, the Minister stated that some people used to say that we do not understand them. I tell them that if you keep your mind as an Indian, then you will understand. But if your mind is of Italy, you will never understand.
"If your heart is Indian…": Amit Shah's 'Italy' dig at Congress #Parliament #WinerSession pic.twitter.com/w0Gd3UT9BU
— NDTV (@ndtv) December 20, 2023
Regarding the alterations, he noted, “In CrPC there were 484 sections, now there will be 531 sections in it. 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…”
#WATCH | Delhi: Home Minister Amit Shah in Lok Sabha says, "In CrPC there were 484 sections, now there will be 531 sections in it. 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…" pic.twitter.com/pqdN1O2Tmr
— ANI (@ANI) December 20, 2023
BJP fulfils its election manifesto, lists Ram Mandir and host of achievements
Shah stated that the BJP-led Centre was the “first government” to fulfill promises outlined in its electoral manifesto. He highlighted achievements such as revoking Article 370, removing AFSPA in most northeastern areas, constructing a Ram Temple in Ayodhya, repealing triple talaq, and providing 33 percent reservation to women.
He emphasised, “We said that in Ayodhya we will make Ram Mandir as soon as possible, and on January 22 Lord Ram’s idol will be installed there. This is PM Modi’s government which delivers what they say. We said that we would give 33% reservation to women in the Parliament and assemblies. Congress came to power many times and kept giving dates but we delivered it and with a majority of votes to empower women…”
#WATCH | Delhi: Home Minister Amit Shah in Lok Sabha says, "We said that in Ayodhya we will make Ram Mandir as soon as possible and on January 22 Lord Ram's idol will be installed there. This is PM Modi's government which delivers what they say. We said that we would give 33%… pic.twitter.com/kNYxFgUGF5
— ANI (@ANI) December 20, 2023
He stressed that ‘Tareekh pe tareekh’ had been going on for years and it made justice difficult for the poor.
#WATCH | Delhi: Home Minister Amit Shah in Lok Sabha says, "…For poor, the biggest challenge to get justice is the financial challenge…For years 'Tareekh pe tareekh' keep going. Police hold the judicial system responsible. The government holds the police and judiciary… pic.twitter.com/B2EFtlhMzP
— ANI (@ANI) December 20, 2023
Regarding rape provisions in the New Criminal Bills, Home Minister highlighted, “We have said investigations should be done on the basis of forensic science… especially in rape cases, etc, it is important that such investigations are carried out using forensic science and the latest technology.”
He added, “Now after these laws, there will be a uniform system of judicial magistrates. A lot of offences were not given importance in the old laws… many offences were kept far back in the legislation. We have brought offences like rape, gang rape, murder, and kidnapping to the forefront.”
Timeline incorporated as per the New Bills
As per an India Today report, the Timeline as per New Criminal Laws as informed by the Union Home Minister would be —
- FIR should be filed within 3 days of the complaint.
- Timeline for chargesheet defend— till now the police could seek longer time to file a chargesheet claiming there is a pending investigation– cannot keep a chargesheet pending beyond 180 days.
- Earlier chargesheets had to be filed within 60–90 days but many chargesheets were not filed citing “re-investigation”. Under the new bill, police specifically need a court order for conducting any further investigation and MUST file the chargesheet within the prescribed time limit.
- An investigation report and search and seizure report must be submitted to the court within 24 hours.
- Earlier the medical report was given after days… now in a rape case, the medical report must be given within 1 week.
Other major changes as informed by the Union Home Minister in his Lok Sabha address
- If one accepts a crime within 30 days, the punishment will be less.
#WATCH | Delhi: Home Minister Amit Shah in Lok Sabha says, "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… pic.twitter.com/7KzlLwnbPl
— ANI (@ANI) December 20, 2023
- Trial in absentia can be done. It will also help with getting these people back to India to face punishment.
- The bills will encourage the use of technology in giving justice to people.
- If an undertrial has completed 1/3 of the imprisonment period, they can get bail.
