India Introduces New Bills to Overhaul Criminal Laws, Abolish Sedition, Introduce Death Penalty for Mob Lynching

Revolutionizing Legal Measures: The Proposed ‘Bharatiya Nyaya Sanhita’ Bill for Stricter Punishments

In a landmark move aimed at reshaping India’s legal framework, Union Home Minister Amit Shah has introduced three significant bills in the Lok Sabha, presenting a comprehensive overhaul of the country’s criminal laws. Among these transformative bills is the ‘Bharatiya Nyaya Sanhita’ (BNS) Bill, 2023, which seeks to replace the antiquated ‘Indian Penal Code’ (IPC), ‘Criminal Procedure Act’, and the ‘Indian Evidence Act’.

The ‘Bharatiya Nyaya Sanhita’ Bill stands as a beacon of change, particularly in the realm of mob violence prevention and heightened measures against grave crimes. Notably, the proposed legislation introduces the potential for the death penalty as punishment for mob lynching. Although the term “mob lynching” is not explicitly used, the bill aptly defines a collective of five or more individuals acting in concert to commit murder based on various factors like race, caste, community, sex, birthplace, language, beliefs, or other grounds. Such group members could face the prospect of the death penalty, life imprisonment, or at least seven years in prison, coupled with fines.

A groundbreaking facet of this bill is Section 101(b), stipulating that each member within a mob lynching group could be subjected to the death penalty, life imprisonment, or imprisonment for seven years or more. Amit Shah, Union Home Minister, emphasized the urgency of stringent measures to counter threats to national unity and safety during his Lok Sabha address. He underscored the provisions introduced to address mob lynching, encompassing prison terms and even capital punishment.

This progressive legal overhaul echoes a 2018 Supreme Court ruling denouncing the rise in mob violence and lynching incidents within India. The court emphasized the need for a distinct legal framework to tackle these challenges effectively. In response, a comprehensive set of directives was issued, defining lynching and mob violence as looming threats fueled by intolerance, misinformation, and bystander apathy.

Moreover, the proposed bill extends its reach to address other pressing concerns. It introduces more severe punishments for cases of rape, including the potential for a death sentence for those involved in the rape of a minor. In instances where a woman succumbs to rape or is left in a persistent vegetative state, the offender could face rigorous imprisonment for a minimum of 20 years, life imprisonment, or in certain instances, the death penalty.

The bill also casts a new perspective on sedition. While the government sought to repeal sedition provisions, the bill reinstates it in a modified form. It outlines penalties for intentionally inciting secession, armed rebellion, subversive activities, or endangering India’s sovereignty through various means, including spoken or written words, signs, electronic communication, or financial means. Offenders could face life imprisonment or up to seven years in prison, along with fines.

The journey of the ‘Bharatiya Nyaya Sanhita’ (BNS) Bill, along with its companion bills, ‘Bharatiya Nagarik Suraksha Sanhita’ (BNSS) Bill, 2023, and ‘Bharatiya Sakshya (BS)’ Bill, 2023, is poised to set the stage for in-depth deliberations within the Lok Sabha. These discussions are expected to spark potential amendments, thereby shaping the trajectory of India’s legal landscape.