Depending on the gravity of the offense, the death penalty might be applicable for acts of mob lynching. The government aims to replace the Indian Penal Code with the Bharatiya Nyaya Sanhita to eliminate colonial-era criminal laws. Home Minister Amit Shah, presenting the bill in Lok Sabha, said the new laws would include the death penalty for crimes like mob lynching and rape of minors. The new law would also replace sedition with a new offence ‘endangering unity’.
Key Points of the Bharatiya Nyaya Sanhita:
- The Bharatiya Nyaya Sanhita covers twenty new offenses, including organized crime, terrorism, hit-and-run, mob lynching, deceitful sexual exploitation, snatching, abetment outside India, acts threatening India’s sovereignty, integrity, and unity, and dissemination of false news.
- The legislation prioritizes the protection of women and children, the punishment of murderers, and the deterrence of threats against the state.
- The Bharatiya Nyaya Sanhita actively expands the definition of terror activities to include causing damage or destruction in a foreign country for the defense of India.
- The terror provision now encompasses the detention, kidnapping, or abduction of a person to influence government actions.
- Mob lynching severity may result in the death penalty; the maximum punishment for minor rape is also the death penalty.
- The Bharatiya Nyaya Sanhita introduces ‘community service’ as a punishment for theft under ₹5,000 and other minor offenses.
- The term ‘gender’ now includes transgender individuals.
- The new legislation does not categorize adultery and homosexual activities as crimes.
- Considering attempted suicide as a criminal offense is no longer applicable.
- Amit Shah announced the repeal of the sedition law, introducing a section that criminalizes acts threatening India’s sovereignty, unity,and integrity. The maximum penalty is increased from three years to seven years.
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