Promising Changes in the New Bill to Counter Mob Lynching: A Boost for Minority Protection
Promising Changes in the New Bill to Counter Mob Lynching: A Boost for Minority Protection
The Bharatiya Nyaya Sanhita will replace the Indian Penal Code of 1860, according to Union Home Minister Amit Shah, who recently introduced three bills The Code of Criminal Procedure and the Indian Evidence Act will be replaced by the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya, respectively. All the three bills have been referred to standing committee for review These bills hold the potential to bring about substantial changes in the legal framework of the country. impacting the way crimes are defined, procedures are conducted, and evidence is presented in court. By initiating this legislative process, the government is demonstrating its commitment to modernizing and enhancing the Indian legal system to address contemporary challenges and ensuring fair and equal justice for all its citizens.
“There has been a lot of talk about mob lynching. We have carefully ensured that the punishment for mob lynching will be seven years, imprisonment for life, or even death. All three provisions are there in cases of mob lynching,” the Home Minister stated.
Clause 101(2) of the BNS Bill defines mob lynching as, 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 ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine. Throughout the nation, there have been numerous infamous instances of mob lynching when the victims were murdered following rumours and accusations of purported crimes like stealing, smuggling cattle, kidnapping young girls, and eloping with women who practiced a different faith.
One of the commendable changes incorporated in the new bill is the implementation of the Zero FIR system. This provision allows for the immediate registration of a First Information Report (FIR) regardless of the jurisdiction in which the incident has taken place. This is particularly crucial in cases of mob lynching, as it ensures that the initial steps towards investigation and prosecution are taken promptly. By removing the geographical limitations in FIR registration, victims’ families and law enforcement agencies can initiate legal proceedings without unnecessary delays, aiding in the preservation of evidence and increasing the chances of delivering timely justice. The positive impact of the new bill on minority communities, particularly Muslims, cannot be overstated. Mob lynching incidents have often targeted individuals from these communities, leading to fear, insecurity, and a sense of marginalization. The introduction of provisions like Zero FIR and timely chargesheet filing is poised to provide better protection and justice to minority victims.
The decision to introduce bills aimed at replacing the Indian Penal Code, the Criminal Code of Procedure, and the Indian Evidence Act is a crucial step forward in modernizing and revamping India’s legal framework. The existing IPC, being rooted in colonial-era legislation, may no longer adequately address the complexities and challenges of contemporary society. The need for a more relevant, comprehensive, and equitable legal system has become increasingly evident.
Resham Fatima
International Relations Jawaharlal Nehru University
