Manabadhikar Suraksha Mancha writes to President, denounces 3 Bills that seek to replace IPC, CrPC and Indian Evidence Act

Kolkata: Manabadhikar Suraksha Mancha (masum) is learnt to have written to the President of India against the introduction of three new Bills by the Union government that seek to replace the IPC, CrPC and the Indian Evidence Act.

The letter read that in the name of denouncing the colonial criminal laws in the country, the present Union government yesterday introduced and subsequently sent the three new bills to the Parliamentary standing committee, while changing the erstwhile legal provisions named as Indian Penal Code, 1860; Criminal Procedure Code, 1973 and Indian Evidence Act, 1872 to Bharatiya Nyaya Sanhita; Bharatiya Nagarik Surakshya Sanhita and Bharatiya Sakshya Bill.

The letter argued although Section 150 of the Bharatiya Nyaya Sanhita, 2023 shows that the word ‘sedition’ has been removed but the spirit of the sedition law is very much existent in the new section. It said that the Section concerned in the Bill utters a position which is not different to the original position in Indian Penal Code under section 124A in letter and spirit.

Further, it alleged that the explanation of the law appears incomplete and it brings into its purview the potential to criminalize protests against any action or inaction of the government authority and is a direct attack on the fundamental constitutional rights of the citizen of India since the Constitution guarantees the right to protest under Article 19 (1) (b). “The dissenting voice and the human rights defenders are at stake” it claimed.

It pointed out that the new criminal bills also introduce new offences with stricter punishment. Citing an example it said that Section 111 of the Bharatiya Nyaya Sanhita incorporates new crime as the ‘Terrorist act’ under general penal law. It contended that the definition of terrorist acts under Section 111 (1) (iv) “is vague as well echoing the same position which is in the existing special provisions. It can be misused by the government authorities to take vengeance against the opposition, human rights workers and dissent voice who will try to raise their opinion against the government.”

The organisation also highlighted that when most of the civilized countries of the world stand in this 21st century to abolish the death penalty for all crimes in accordance with the Optional Protocol II of the ICCPR, the Indian government, who will preside over the 18th G-20 summit in the next month along with other countries, have put death penalty in the new bill for crimes like mob lynching. On changes in provisions related to rioting, the provisions proposed are clearly and deliberately intended to have a communal twist with a slanted mindset” it further alleged.

Masum alleged that these three bills denounce the basic concept of the Indian Criminal Jurisprudence which is “assume innocence until proven guilty”. It also claimed that the manner of introduction of these three bills was improper.