President gives assent to three bills to overhaul criminal justice system

President Droupadi Murmu on Monday gave her assent to the three new bills that seek to overhaul the country’s criminal justice system.

The three laws have now been notified in the official gazette. However, the Union home ministry will specify the date from when they will take effect.

The laws were passed in the Winter Session of Parliament in the absence of several Opposition MPs. A hundred Opposition MPs in the Lower House, besides 46 in the Upper House, were suspended during the Winter Session for disrupting the proceedings as they sought a discussion on the December 13 security breach in the Lok Sabha chamber.

While the Bharatiya Nyaya (Second) Sanhita will replace the colonial-era Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita will replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Bills will replace the Indian Evidence Act.

The new criminal laws make punishments more stringent for crimes such as lynching, offences endangering national security and terrorism.

While introducing the three new criminal law bills in the Parliament in August, Union Home Minister Amit Shah, said that the bills would “end three colonial laws” currently governing India’s criminal justice framework, and provide criminal laws “by Indians, for Indians”.

During the discussion on the bills, Shah said that terrorism has been defined in the new law and mob lynching made punishable with capital punishment.

Section 113 of the bill now defines terrorism as “any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country”.

This widens the definition of “terrorist act” to include actions that threaten India’s economic security. The bill says that actions done with the intention to threaten the “economic security of India” that cause or are likely to cause “damage to the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material” will be considered terrorist acts.

In addition to this, a timeframe has been prescribed for filing mercy petitions, Shah said. He added that only those sentenced to death can file such pleas within 30 days of the Supreme Court confirming the punishment.

Telecom Bill gets president’s approval

President Murmu also gave her assent to the 2023 Telecommunications Bill, which allows the Centre to temporarily take control of telecom services in the interest of national security, The Hindu reported.

The law says that in case of a public emergency, including natural disasters, or in the interest of public safety, the Centre, state governments or authorised officers can take temporary possession of telecommunication services or networks.

The legislation replaces the laws regulating telecommunications, including the 138-year-old Indian Telegraph Act, the 1933 Indian Wireless Telegraphy Act and the 1950 Telegraph Wires (Unlawful Possession) Act.

Introducing changes to the manner in which spectrum is to be allotted for satellite broadband services, the telecom bill states that spectrum for such services can be assigned on administered prices, without auction.

Also read:

• Are the new criminal law bills really anti-colonial? Here’s why experts say no
• Telecom Bills increases government control of the internet, warn experts