New Delhi: Union Home Minister Amit Shah clarified that total custody for an accused after initial arrest has not been increased from 15 to 60 days in the Bharatiya Nagrik Suraksha Sanhita (Second) that has replaced the Criminal Procedure Code (CrPC), 1973.
“There is a misunderstanding,” Shah said in a reply Wednesday in the Lok Sabha, adding that it was not an attack on civil liberties.
“The total police custody is 15 days. There are cases where the accused get admitted in hospital during the initial days to avoid police custody and the change has been brought in to address such malpractices.”
This means that the police will now be able to take custody of the accused multiple times, within 60 or 90 days (depending on the nature of offence) of initial arrest, but only for a total 15 days.
The Lok Sabha Wednesday passed the Bharatiya Nyaya (Second) Sanhita 2023, The Bharatiya Nagarik Suraksha (Second) Sanhita 2023 and The Bharatiya Sakshhya (Second) Bill 2023, which seek to repeal and replace the Indian Penal Code, CrPC and the Indian Evidence Act.
Shah said that the new laws 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.”
While presenting the bills, he said that the government has focussed on “erasing the symbols of colonialism”. He said that the existing “British-era laws” were aimed at protecting “British raj”, while the new bills have a “human-centric” approach and are to protect the people and the country.
Shah said that the colonial-era laws prioritised acts of “looting the treasury”, “uprooting rail tracks” over crimes against women and children, human rights, border security, which has now been done away with. He said that in the IPC, rape was listed under Section 375-376, which is way down, but in the new bill, it is listed under Section 63.
Similarly, murder that was listed under Section 302, will now become Section 101; kidnapping which was under Section 359, will now be Section 136.
“These laws were made by a foreign ruler to govern subjects who were slaves. The new laws, however, will respect human rights, freedom and equality,” he said. “In the new law, crime against women, human body, crime to make currency, government stamps, will take precedence.”
He said that the work on the bills started in 2019 and it was finalised after consulting several stakeholders. The new laws, he said, will focus more on “imparting justice”, instead of “imparting punishment”.
Taking a dig at the Congress, Shah said that those opposing the bill do not have their heart in India but in Italy. “If your heart is in Italy, you will not be able to understand the importance of the bills.”
Also Read: New criminal law bill broadens definition of terrorism, now includes ‘threat to economic security’
‘Raj droh to desh droh’
On significantly broadening the definition of terrorism in the new bills, Shah said that this was done to ensure that there are no loopholes.
He also said that the new bill has done away with sedition which gave punishment for ‘raj droh’, which was for punishment to act against the ‘ruling dispensation’. The new bill has changed ‘raj droh’ to ‘desh droh’, which is an ‘act against the country’.
Shah said that the citizens have a right to speak against the government, even if it is the BJP government, and it should be protected as “freedom of speech”. However, an act against the country will not be tolerated, he said.
“So many freedom fighters who were in jail for freedom and were inside for ‘raj droh’, today they will rest in peace.”
He further said that mob lynching was made a separate offence under the BNSS, with a maximum punishment of death penalty, which was not the case earlier.
Taking a dig at P. Chidambaram, he said that although the Congress leader spoke of mob lynching and the law required to curtail it, they never made an effort to bring in a law against it, which the BJP government has done.
For “hit-and-run” cases, the punishment in the new bill has been proposed to be 10 years. But if after the accident, the offender takes the victim to the hospital, or police, a lesser punishment will be given, he said.
For several minor offences, “community service” was made an option of punishment instead of imprisonment.
In another major move, Shah said that provisions have been made to ensure compulsory collection of forensic evidence in the investigation, which will strengthen prosecution and also increase conviction.
“Forensic science has been given a lot of weightage and for quick justice—police, lawyers and judges have been made time bound. This will help increase conviction rate,” he added.
‘Compulsory timeframes, trial in absentia’
Shah also said that the new BNSS prescribes compulsory timeframes for the registration of an FIR, filing of charge sheet, filing of medical reports, framing of charges and other procedures.
“CrPC did not prescribe any time limit for filing of an FIR. The new bill says that the FIR has to be registered within 3 days of making a complaint. And in cases where a preliminary enquiry has to be carried out, it will be done within 14 days,” he said.
Moreover, further investigation has to be completed within 90 days of filing the first charge sheet and the magistrate has to decide on taking cognizance of the charge sheet within 14 days.
He added that the judges, too, will not be able to reserve judgement for more than 45 days.
Shah further said that the Modi government has fulfilled all its promises made in the manifesto.
“Whether it is abrogation of Article 370, removal of AFSPA in 70 per cent areas in the north eastern states, banning of triple talaq, 33 per cent reservation to women in Parliament or building of the Ram temple,” he said.
The minister said a provision for “trial in absentia” was also introduced. Shah said those who have fled the country after committing crimes, killing hundreds of people in bomb blasts, or those who are hiding in Pakistan or other places, after carrying out terror attacks will not be spared. Shah said that convicting these fugitives will make India’s case for their extradition stronger.
“Whether you come or not, the trial will be continued, there will be punishment and their property will also be confiscated,” he said. “Once they are convicted, we can press for their extradition and it increases the chance of them returning.”
Stating that the new bills make the police more accountable, Shah said that serving of copies of the police report to the victim was made compulsory. Victim has to be informed of the progress of the investigation within 90 days.
Shah also said that in case of rape of a girl under 18 years, life imprisonment and death penalty can be given. In gang rape, 20 years or imprisonment for rest of life. In cases of gang rape, 20 years or imprisonment for rest of life. Moreover, consensual sex with a wife aged above 15 was not an offence as per IPC earlier but the age limit now increased to 18 years in the new bill, he added.
(Edited by Tony Rai)
Also Read: 3 new Modi govt bills to replace IPC, CrPC prioritise justice over punishment, Amit Shah in LS