Under New Bharatiya Nyaya Sanhita Bill: Capital Punishment or 20 Years of Imprisonment for Mob Lynching

The crime of mob lynching now carries the death penalty for the first time.

India’s New Delhi, August 11: The Bharatiya Nyaya Sanhita (BNS) Bill, which was introduced on Friday in the Lok Sabha to replace the Indian Penal Code (IPC), contains a specific provision for the crimes of rape and mob lynching and stipulates punishments for those found guilty of the crimes that range from seven years in prison to the death penalty.

One of three bills to reform the criminal justice system was presented by Union Home Minister Amit Shah on Friday, 11 August.

This includes, among other things, the removal of laws against sedition, the imposition of community service, and the penalty of mob lynching.

Shah requested that the three Bills be sent to the parliamentary standing committee so that the suggested amendments could be examined by the speaker of the Lok Sabha, Om Birla.

The new law states that each member of a group of five or more people who murders someone on the basis of race, caste, community, sex, place of birth, language, personal belief, or any other ground shall be punished by death, life in prison, or a term of not less than seven years in prison and shall also be subject to a fine.

“Mob lynching has received a lot of attention. The home minister added that all three clauses are present in cases of mob lynching and said, “We have carefully ensured that the punishment for mob lynching will be seven years in prison, life in prison, or even death.”

Bharatiya Nyaya Sanhita

Because the existing IPC does not specifically address homicide committed by Mob, authorities must instead file a murder case under IPC section 302 (murder).

Additionally, the measure aims to give priority to murder, offenses against the State, and offenses against women and children.

The penalty for raping a woman under the age of twelve (minors) is a minimum sentence of twenty years in jail, but it can go up to a life sentence, which means that the offender will be imprisoned for the rest of their natural lives, along with a fine or the death penalty. A minimum of 20 years in prison or a life sentence is the penalty for all types of gang rape.

In accordance with clause 64 (1) of the Bill, anyone who commits rape shall be punished with rigorous imprisonment of either description for a term that shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to a fine, except in the cases provided for in subsection (2).

According to clause 65 (1) of the bill, “Whoever commits rape on a woman under the age of sixteen years shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.”

Further, it states that anyone who engages in sexual activity with their own spouse while they are living apart, whether legally or otherwise, without getting her consent is punishable by imprisonment of either kind for a term that must not be less than two years but may reach seven years, as well as being subject to a fine.

The updated rules now include a new offense for acts of secession, armed rebellion, subversion, separatist activity, or jeopardizing the sovereignty or unity and integrity of India.

The home minister declared that the sedition statute “has been repealed”. Acts undermining the sovereignty, unity, or integrity of India are now covered by Section 150.

Mob lynching

The Lower House of Parliament received three bills: the Bharatiya Nagarik Suraksha Sanhita 2023, the Bharatiya Nyaya Sanhita 2023, and the Bharatiya Sakshya Bill 2023.

Bharatiya Nyaya Sanhita (BNS) Bill

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