Death for raping minor & mob lynching, 20 yrs for gang rape: Amit Shah introduces far-reaching changes in criminal law

In a bid to curb crimes in the country and instill fears among perpetrators, the Prime Minister Narendra Modi-led government on Friday proposed death penalty for the rape of a minor.

The new Bill to overhaul the country’s criminal laws was brought in the Parliament by Union Home Minister Amit Shah on Friday, the last day of Monsoon Session 2023.

Shah moved the Bill to repeal and replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act.

Punishment proposed for crimes by Amit Shah

Shah said the Bill has a provision to “completely repeal” the controversial sedition law. The Bill aims to replace the IPC and include following provisions:

– Capital punishment in mob lynching cases, depending on the gravity of the crime
– One year imprisonment for bribing voters during elections
– 20 years jail to life imprisonment for gang rape
– Death penalty for rape of a minor.

The new bill prioritises laws for crimes against women and children, murders and “offences against the state”.

Shah said the 1860 Indian Penal Code will be replaced by the Bharatiya Nyaya Sanhita. Earlier there were 511 sections but now it will now have 356 sections. 175 sections have been amended, the minister said in the Lok Sabha.

The Code of Criminal Procedure will be replaced by Bharatiya Nagarik Suraksha Sanhita, while the Indian Evidence Act will be replaced by the Bharatiya Sakshya.

It seeks to revamp British-era laws, Amit Shah told parliament.

VIDEO | “Bharatiya Nyaya Sanhita, 2023 will be established in place the Indian Penal Code, 1860; Bharatiya Nagarik Suraksha, 2023 will replace the Criminal Procedure Act, 1898; and Bharatiya Sakshya Bill, 2023 will replace the Indian Evidence Act, 1872. The laws that will be… pic.twitter.com/1wT1bgUyV3

— Press Trust of India (@PTI_News) August 11, 2023

"The laws that will be repealed... the focus of those law was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizen," Shah said.

The changes have been referred to a Standing Committee for review, the minister added.

Also, for the first time, community service will be one of the punishments for petty offences.

VIDEO | "I can assure the House that these bills will transform our criminal justice system. I am about to send these bills to the standing committee. Crime against women and children was given 302nd position (in prevalent laws) despite that no other crime can be more heinous. We… pic.twitter.com/8JPLp2KtpX

— Press Trust of India (@PTI_News) August 11, 2023

Also, offences have been made gender neutral. To deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added with deterrent punishments.

The fines and punishment for various offences have also been increased.

"The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime," Shah said.

With inputs from agencies