Source: The Hindu

Why in News?

The Centre on 11th Aug 2023 has introduced three new Bills namely Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 in the Lok Sabha that propose to completely change the country’s criminal justice system.

Background

• Three bills have been introduced in Lok Sabha which will replace the IPC by Bharatiya Nyaya Sanhita 2023, Criminal Procedure Code, 1973 (CrPC) by Bharatiya Nagarik Suraksha Sanhita, 2023 and Indian Evidence Act, 1972 (IEA) by Bharatiya Sakshya Bill, 2023.
• The Bharatiya Nyaya Sanhita, 2023, will completely repeal the offence of sedition under section 124A of Indian Penal Code, 1860 (IPC) by a new provision contained under Section 150 of the new Sanhita.
• The Sanhita also proposes to incorporate new provision of Mob Lynching under Section 101(2) and punishes it with death penalty, life imprisonment, or a prison term of seven years or more.
• The Supreme Court of India on 11th May 2023 asked the Central Government and States to refrain from registering any cases for the offence of Sedition under Section 124A of the IPC in the matter of SG Vombatkere v. Union of India.
• The SC hit the pause button on the provision, ruling that the law was not in sync with the social background anymore.
• The 22nd Law Commission of India in April 2023 had recommended that Section 124A should be retained in the statute book with certain changes.
• The proposed bills once passed by both houses of the parliament and assented to by the President will take the shape of an act of parliament and will replace the current Legislation on Criminal Law System of India.

Sedition

• Section 124A of IPC, which deals with the Sedition Law, was not mentioned when the act was first enforced but was added in the year 1870.
• In the case of Kedar Nath Singh v. State of Bihar (1962) the Supreme Court of India upheld the constitutional validity of this provisions of the IPC and Kedar Nath Singh was hence convicted for sedition.
• The United Kingdom, Ireland, Australia, Canada, Ghana, Nigeria, and Uganda are among other democratic nations that have rejected sedition laws as undemocratic, unwanted, and unneeded.

Recommendations of the 22^nd Law Commission – 279^th Report

• Incorporating the Kedar Nath Judgement - In Kedar Nath’s case the Supreme Court upheld the constitutionality of the Sedition Law stating that it falls within the ‘reasonable restrictions’ on freedom of speech mentioned under Article 19 (2) of the COI.
• Installing a New Procedural ‘Safeguard’ - The Commission recommends a major procedural amendment to CrPC to prevent the ‘alleged misuse’ of the law. It suggests that a police officer, holding the rank of an Inspector or higher, must conduct a preliminary inquiry before the First Information Report (FIR), is filed.
• Increasing the Term of Punishment - The Commission recommended enhancing the punishment to a period of seven years or life imprisonment, along with a fine. Currently, the punishment is a period of imprisonment of either three years or life imprisonment.
• Inserting New Words in the Provision - The Report recommended the insertion of the words ‘tendency to incite violence or cause public disorder’ in the provision. It defines ‘tendency’ as an ‘inclination to incite violence or public disorder rather than proof of actual violence or imminent threat to violence’.

Major Changes Introduced in the Bills

• IPC — Bhartiya Nyaya Sanhita, 2023
  • IPC contains 511 sections at present.
  • The new Bill proposes to repeal 22 provisions of IPC, proposes changes to 175 existing provisions and introduces 8 new Sections. It contains a total of 356 provisions.
• CrPC — Bharatiya Nagarik Suraksha Sanhita, 2023
  • CrPC contains 484 sections at present.
  • The new bill repeals 9 provisions of the CrPC, proposes changes to 160 provisions and introduced 9 new provisions. The new Bill contains in total 533 Sections.
• IEA — Bharatiya Sakshya Bill, 2023
  • IEA contains 167 sections at present.
  • The new Bill repeals 5 existing provisions of the IEA, proposed changes to 23 provisions and introduced one new provision. It contains 170 Sections in total.