The BNS Bill has provisions that seek to repeal sedition
The government today introduced three bills in the Lok Sabha to replace colonial-era laws, asserting the proposed laws will transform the country's criminal justice system.
Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023, and Bharatiya Sakshya (BS) Bill, 2023, which will replace the Indian Penal Code, 1860; Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.
Mr Shah said the changes were done to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people.
Government sources told NDTV they have been working on these laws for the past four years.
"In 2019, we started thinking of a change in these laws. These laws were full of Anglicism. They were a sign of slavery. Their intention was to protect the British Empire, and these laws were not good for the people," a source said.
On Azadi Ka Amrit Mahotsav, Prime Minister Narendra Modi said at the Red Fort that by 2047, the country has to be freed from all signs and stains of slavery.
"These laws did not reflect the basic principles of our judicial system. They wanted to give selective justice. Its soul will be Indian now. The objective is to protect the rights given to Indian citizens by the Constitution and to give justice," the source said.
Sources said the Centre took these steps to solve several issues such as low conviction rate, delayed justice, the poor having tough access to justice and overburdening of courts.
Sources said many committees over the years have recommended steps to improve the justice system, but fundamental reforms were not suggested. "We had to start from scratch," a source told NDTV, asking not to be identified.
The BNS Bill has provisions that seek to repeal sedition, and award maximum capital punishment for crimes such as mob lynching and rape of minors, the Home Minister said today. The bill also has provisions to provide community service as one of the punishments for first-time petty offences.
"I can assure the house that these bills will transform our criminal justice system. The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime," Mr Shah said, while noting that the laws made by the British were full of signs of slavery aimed at punishing those opposed to their rule.
To stop political use of punishment waivers by governments, a new provision has been made that death sentences can only be converted to life imprisonment, and life imprisonment can be pardoned only within seven years of punishment.
Mr Shah referred to the recent release of criminal-politician Anand Mohan in Bihar and said the provision has been made to ensure that those with political influence do not escape the law.