Bharatiya Nyaya Sanhita responds to modern crime trends

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Definition of terrorism is substantive in its scope. Critics have said that the sedition law which has been removed on the desires of the Supreme Court may get a rebirth with the substantive scope of terrorism and secessionism mentioned in Bharatiya Nyaya Sanhita.

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By Our Special Correspondent

New Delhi, December 22: The Opposition has said that the three new laws enacted by parliament to amend the British-era crime legislations are just works of rewriting. The Opposition has said that substantive changes are just minuscule in the three laws passed by both the Houses of parliament.

Yet, the Bharatiya Nyaya Sanhita now has brought into the ambit of defined crimes such trends which have been the phenomenon of the recent years. Chain snatching for instance has been brought into the ambit of the criminal law. The Opposition leader Abhishek Manu Singhvi has lauded the new laws for making the provision for the community services for compoundable offences. He, however, has said that the new laws are just old laws with new names.

Terrorism has also been defined for the first time in the Bharatiya Nyaya Sanhita. It has been made a punishable offence. Bharatiya Nyaya Sanhita explains: “Whoever, with intent to endanger or is likely to endanger the unity, integrity, sovereignty, security or economic security or sovereignty of India or to cause or spread terror among the public or any section of the public in India or in any foreign country, commits any act using bombs, dynamite, explosive substances, poisonous gases, nuclear with intent to cause death to any person or persons, damage to property, or manufacture or smuggling of currency or So he commits terrorist acts”.

This definition of terrorism is substantive in its scope. Critics have said that the sedition law which has been removed on the desires of the Supreme Court may get a rebirth with the substantive scope of terrorism and secessionism mentioned in Bharatiya Nyaya Sanhita.

 A range of terrorist offenses have also been introduced. It is a crime to destroy public facilities or private property. Acts which cause ‘widespread loss by reason of damage or destruction of critical infrastructure’ are also covered under this section.

Bharatiya Nyaya Sanhita also bring s in its scope ‘Organized Crime’ with a new criminal section added. Illegal activity done by syndicate has been made punishable. The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of India. Small organized crimes have also been criminalized, punishable with imprisonment of up to 7 years.

Economic offenses are also defined as acts such as tampering with currency notes, bank notes and government stamps, running any scheme or embezzlement in any bank/financial institution. In organized crime, if a person is killed, the accused can be sentenced to death or life imprisonment. Provision for punishment has also been made for those who help in organized crime.

New provision on mob lynching has been included in Bharatiya Nyaya Sanhita with the addition of a new provision for murder committed on the basis of race, caste, community, etc., with a provision of life imprisonment or death penalty.

A new provision related to snatching also has been included in Bharatiya Nyaya Sanhita which mentions that there will now be more severe penalties for serious injuries that result in near-disability or permanent disability.

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