New Delhi: In a major decisions taken Friday August 11, 2023, the Narendra Modi government in New Delhi has proposed capital punishment for mob lynching and also decided to repeal "Sedition Act".
The new provision is likely to curb frequent cases of mob lynching of people from weaker sections of the society and those belongings to minority communities, especially Muslims and Dalits.
“The Centre has decided to introduce the provision of capital punishment in mob lynching cases”, Union Home Minister Amit Shah said in Parliament Friday.
The new law adds a provision against mob lynching within the definition of murder. Under the new law, the punishment will range from a minimum of seven years in jail up to death penalty.
Other proposed punishments include 20 years jail to life imprisonment for gang rape, and death penalty for rape of a minor.
The government also introduced in the Parliament three new Bills to replace the existing laws, that government referred as “British era laws”.
"The three bills that I am moving today include the Principle Law for the criminal justice system. One is the Indian Penal Code (IPC) formed in 1860, the second is the Criminal Procedure Code, formed in 1898 and the third is the Indian Evidence Act, formed in 1872. We will end these laws today, which were brought by the British," Union Home Minister Amit Shah said.
The Home Minister introduced the three new Bills - Bhartiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Bill that will respectively replace IPC, CrPC and Evidence Act.
“With the new bills, the government aims to ensure justice, not punishment, Amit Shah said in the Parliament.
Union Home Minister further said that the infamous sedition law will be repealed and will be replaced by a new law.
“The sedition law has been repealed”, the Home Minister said.
The proposed law to replace the Sedition law does not have the word "sedition". “It is replaced by Section 150 for acts endangering the sovereignty, unity and integrity of India”, the Home Minister said.
The move comes amidst clamour to repeal the British era sedition law that was widely misused, especially against Muslims and Dalits.
The new Bill however has provisions for "Offences against the State", and at a first glance, looks more stringent than the Sedition law, and chances are that it could be again misused to target Minorities and Dalits.
"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 means, 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," the new law says.
The new Bill by mentioning “electronic communication” covers social media and internet, but does not explicitly covers online trolling and hate campaigns.
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