The Indian Penal Code (IPC), which dates back to colonial times, will be replaced with the Bharatiya Nyaya Sanhita (BNS) Bill, which has a specific provision for mob lynching and stipulates punishments ranging from seven years in prison to the death sentence for those found guilty.
Experts have previously stated that the IPC needs a specific provision to address mob lynchings given the prevalence of such incidents.
One of three bills to reform the criminal justice system was presented by Union Home Minister Amit Shah on Friday. Shah requested that the three measures be referred to the parliamentary standing committee so that the suggested amendments could be examined by the speaker of the Lok Sabha.
7-Year-prison sentence
“Mob lynching has received a lot of attention. Mob lynching will result in a seven-year prison sentence, a life sentence in prison, or possibly the death penalty, thanks to precise planning on our part. In incidents of mob lynching, all three laws are present, the home minister stated.
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Mob lynching is defined in clause 101(2) of the BNS Bill as any murder committed by five or more people acting together on the basis of race, caste, community, sex, place of birth, language, personal belief, or any other ground. Each member of this group would be subject to a death sentence, life in prison, or a term of imprisonment that would not be less than seven years, as well as a fine.
Punishable by death
Murder is punishable by death or life in prison, as well as being subject to a fine, according to clause 101(1).
Throughout the nation, there have been numerous infamous instances of mob lynchings when the victims were murdered following rumors and accusations of purported crimes like stealing, smuggling cattle, kidnapping young girls, and eloping with women who practiced a different faith.
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Experts have already stated that the IPC needs a specific provision to address mob lynchings in light of recent incidents.
Because the existing IPC does not specifically address homicide committed by a crowd, authorities must instead file a murder case under IPC section 302 (murder). The identical IPC section (302) will be used for the trials of all those who were arrested in connection with the murder.
3 bills introduced in the Parliament
The Union Home Minister introduced three bills into Parliament on Friday to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The bills also repeal the sedition offense and provide the death penalty for mob lynchings and sexual assaults against minors in addition to a 20-year prison sentence for gang rape.
The three bills are the Bharatiya Nyaya Sanhita 2023, which amends and codifies the laws pertaining to offenses; the Bharatiya Nagarik Suraksha Sanhita 2023, which codifies and amends the laws pertaining to criminal procedure; and the Bharatiya Sakshya Bill 2023, which codifies and establishes the fundamental principles and rules of evidence necessary for a fair trial.
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