ANI Photo | Death penalty for mob lynching, ‘Sedition’ word removed under Bharatiya Nyaya (Second) Sanhita,2023

The recently passed Bharatiya Nyaya (Second) Sanhita , 2023 bill in Lok Sabha has included a provision for the death penalty for those committing the crime of mob lynching.
Bharatiya Nyaya (Second) Sanhita, which was passed by the Lok Sabha on Wednesday seeks to replace the Indian Penal Code (IPC) of 1860.
Section 103 (2) of the new Bill states, “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to a fine.”
Earlier Union Home Minister Amit Shah in Lok Sabha said that mob lynching is a heinous crime and there is a provision for the death penalty for it in these laws.
The Bharatiya Nyaya Sanhita Bill has also introduced a new chapter titled ‘Crimes against Women and Children to deal with sexual crimes.
A provision of 20 years of imprisonment or life imprisonment has been made in all cases of gang rape.
The word sedition has been completely removed from the new bill.
IPC Section 124A talks about ‘against the Government’ but Bharatiya Nyaya Sanhita Section 152 talks about ‘sovereignty or unity and integrity of India’.
There was no mention of ‘intent or purpose’ in the IPC, but in the new law, there is mention of ‘intent’ in the definition of treason, which provides safeguards for freedom of expression.
In the new bill, words like hatred and contempt have been removed and words like ‘armed rebellion, destructive activities, and separatist activities’ have been included.
“Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine,” the bill reads.
Earlier, Amit Shah had said the government has completely removed the section of sedition and has replaced sedition with treason.
The Bharatiya Nyaya Sanhita, which will replace the IPC, will now have 358 sections instead of the earlier 511 sections. 21 new offences have been added in it, the term of imprisonment has been increased in 41 offences, the penalty has been increased in 82 offences, mandatory minimum punishment has been introduced in 25 crimes, and there are provisions of community service as a punishment in 6 crimes and 19 sections have been repealed, Amit Shah said

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