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Winter Session: Centre Redefines Terrorist Act, Cruelty In Revised Bills Seeking To Replace Criminal Laws

The Bills are 'The Bharatiya Nyaya (Second) Sanhita, 2023', 'The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023' and 'The Bharatiya Sakshya (Second) Bill, 2023'.

New Delhi: In the fresh set of draft legislations, which seek to replace the criminal laws, the Centre revised the legal definition of “terrorist act” and included within it threats to the financial security of the country through actions such as spreading counterfeit currency, kidnapping, injuring, or causing the death of a public functionary. The revised Bills were tabled in the Lok Sabha during the ongoing Winter Session of Parliament on Tuesday.

"Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,” the revised Bill says.

The revised legislations are 'The Bharatiya Nyaya (Second) Sanhita, 2023', 'The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023' and 'The Bharatiya Sakshya (Second) Bill, 2023', which seek to replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively.

The Bharatiya Nyaya Sanhita has 356 sections of which 175 from the IPC have undergone changes, 22 repealed, and 8 new sections introduced.

Among the sections introduced are 73 (publishing court proceedings without permission) and 86 (cruelty redefined).

Section 73 says those who print or publish "any matter" related to court proceedings in rape or sexual assault cases, without permission would be punished with a two-year jail sentence and a penalty.

Section 86 defines cruelty as “wilful conduct that is likely to drive a woman to commit suicide or cause grave injury or danger to the life, limb or health (whether mental or physical) of the woman” or “harassment of a woman with a view to coerce her or any person related to her to meet any unlawful demand for property or valuable security.”

The term "mental illness" has also been replaced by the term "unsound mind".

The Bharatiya Nagrik Suraksha Sanhita, which comprises 533 sections with 150 sourced from CrPC have been tweaked, 22 repealed, and 9 added.

The Bharatiya Sakshya Bill has 170 sections, of which 23 sections from Evidence Act have been revised, one section is new, and 5 sections have been removed.

Union Home Minister Amit Shah, who tabled the revised Bills, said the changes are mostly pertaining to grammar and language.

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