Union Home Minister Amit Shah on Friday introduced three bills in Lok Sabha which look to overhaul the British-established system of law and justice.
Before sending the bills for wider consultation to the Parliamentary Standing Committee of the Home Ministry, Shah gave an overview of the bills saying the law on sedition is proposed to be removed totally. “This was used by the British to supress people. This is a free country and in a democracy people have freedom of speech,” he said.
Mob-lynching is proposed to be made punishable by up to life imprisonment and even death penalty. The three laws were made by the British to establish their rule; the laws were designed to punish and not to deliver justice, the Union Home Minister said.
The bills have undergone wide consultation in the past four years. As many as 18 states, six UTs, the Supreme Court, 16 high courts, five legal academies, five universities, 142 MPs and 270 MLAs responded to give suggestions. “I have personally attended 158 meetings on the matter,” Shah said.
He said the bills proposed to provide that the police would present the chargesheet within 90 days. The courts can give another 90 days of time. The police will be mandated to submit chargesheet within a maximum of 180 days and send case to trial.
The court will have to give decision on a case within 30 days of ending arguments and within seven days the decision has to be put online.
Crucially, the bills provide that complaints against police officers and civil officers need a government sanction before the officer can be charge-sheeted and no trial can start without the government’s permission. Now, under the new clauses, the government will give a decision either way within 120 days, otherwise it will be deemed to have given permission.
Also, in case a police officer is witness in a case and he has been promoted, retired or transferred from the post, the incumbent officer will give witness based on records in file. In case of convicted persons, their property can be auctioned.
Inter-state gangs will face stricter penalty. Those establishing physical relations with women on false identities and make false claims while marrying a woman will face criminal action. The bills propose death penalty for gang-rape of a minor. Petty crimes like mobile snatching, etc, will be criminal offences.
Also, in case of causing grievous injuries, the laws will differentiate on quantum of injuries. In case the victim is greviously injured and is rendered brain dead the bill proposes life imprisonment, instead of the standard seven years in jail.
In case of commuting prison sentences, the bills look to define that the death sentence can be commuted to life sentence. In case of absconders, the court can hear the case and order punishment. In case the absconder wants to appeal then the person can come to a court of law.
The police while seizing something will have to do videography, removing complaints that police planted material on the victim to frame him. Also in case a person is taken into custody, police will have to inform if person is detained. In case of molestation it will be compulsory to have statement of the woman victim videographed.
