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Parliament proceedings | Lok Sabha passes Bills to replace British-era criminal laws

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The Lok Sabha on Wednesday passed three amended Bills that seek to repeal and replace criminal laws which date back to colonial times. This criminal law reform brings terrorism offences into a general crime law for the first time, drops the crime of sedition, and makes mob lynching punishable by death.

The Bharatiya Nyaya (Second) Sanhita Bill (BNSS) will replace the Indian Penal Code, 1860; the Bharatiya Sakshya (Second) Bill (BSS) will replace the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha (Second) Sanhita Bill (BNSSS) will replace the Code of Criminal Procedure, 1898. All three were discussed and passed with a voice-vote, in the absence of the majority of Opposition members from INDIA bloc parties, as 97 of them have been suspended during this session.

Home Minister Amit Shah said that the three Bills stressed justice rather than punishment, and have been designed to last for the next century, keeping technological advancements in mind. “This is a pure Indian law after removing all the British imprints. As long as we are in power, we cannot become a police State,” the Minister said.He moved an amendment to the BNSS, which will exclude doctors from criminal prosecution for death due to medical negligence, and will make hit-and-run accident cases punishable by ten years imprisonment.

‘No sympathy for terrorists’

Noting that more than one lakh people have been killed in terror attacks across the country over the past 75 years, Mr. Shah said that the BNSS had, for the first time, defined terrorism and included it as a separate category in the general crime law.

Also read | The Bharatiya Nyaya Sanhita needs a relook

“Some members pointed out that UAPA [the Unlawful Activities Prevention Act] already exists. But in places where they were in power, they never invoked UAPA and those who committed acts of terrorism escaped under the provisions of general law,” Mr. Shah said. “We have shut the doors for such people to escape punishment by including terrorism in the criminal law. Terrorism is the biggest enemy of human rights. Such people should get the harshest of punishment. This is not Congress or British rule, how can you defend terrorists?” he asked.

Mr. Shah insisted that there was no scope for misuse of the terror provisions in the BNSS, but claimed that there was undue fear which made some Opposition MPs oppose the laws. “I insist that this fear should persist. There should be no sympathy for people who commit terrorist acts,” he said.

Earlier in the debate, Shiromani Akali Dal (SAD) leader Harsimrat Kaur Badal, while speaking about Punjabi youth who took to militancy swayed by emotions, claimed that the two men who had jumped inside the Lok Sabha chamber on December 13 had also been affected by their emotions on the issues of unemployment, Manipur violence, and farmers’ rights. The two men, along with four associates, have been booked under UAPA, among other charges. The SAD leader also flagged the absence of a majority of the Opposition members, saying that key Bills should not be passed in such a manner.

Rajdroha vs deshdroha

The Home Minister said that sedition has been repealed in the new law. “We have replaced an individual with the country. Rajdroha (sedition or offence against the government) has been replaced with deshdroha (offence against the nation or country). Gandhi, Tilak, Patel all went to jail under this particular British law, yet it was never scrapped by the Opposition when they were in power. It continued all these years,” he said.

“[AIMIM MP Asaduddin] Owaisi ji is thinking that we have merely changed the name of sedition. I want to say that this is an independent country. Nobody will be sent to jail for criticising the government, but you cannot say anything against the country or do anything against the interests of the country. If you harm the flag or the property of the country, you will be sent to jail,” Mr. Shah said.

Also read |Revised criminal law bills: Key changes explained

‘Muslims, Dalits will be hurt’

Earlier, Mr. Owaisi said that the new laws would impact minority and underprivileged communities the most, adding that they did not have any safeguards against police excess and fabricated evidence. “Most undertrial prisoners are Adivasi, Dalits and Muslims. The conviction rate of Muslim inmates is 16% and their population is 14%. As many as 30% detenues in jails are Muslims. 76% backward class, Dalits and religious minorities are on death-row. You are reforming [the law] for the powerful; this will not benefit the poor,” Mr. Owaisi said.

He pointed out that Clause 187 of the BNSSS permits police custody of up to 90 days, as against the 15-day custody allowed till now. The law also prevents any third party from filing mercy petitions on behalf of convicts on death-row.

Mr. Owaisi added that it was an irony that people accused of terror charges themselves were also speaking in Parliament on the Bill. The BJP MP from Bhopal, Pragya Singh Thakur, faces charges under UAPA, with regard to her alleged involvement in the 2008 Malegaon blast where six people were killed. She spoke during the debate on the Bill, claiming that the British-era laws had been misused to torture her in police custody for 13 days.

‘Definition of terror is too broad’

Krishna Devarayalu Lavu of the YSR Congress also objected to the clause permitting 90 days of police custody. He noted that recently, three contentious farm laws had been withdrawn after farmers staged a peaceful protest. “They protested so their rights can be taken care of. If you invoke sections pertaining to attack on sovereignty of the country, it does not make any sense. The definition of terrorist acts is too broad,” the YSR Congress MP said.

Mr. Shah, however, insisted that the total police custody would only be 15 days. “If, after the first seven days of police questioning, someone gets admitted in hospital, the person will have to appear before the police for another eight days after recovering or getting discharged. Meanwhile, courts can also grant bail,” he said.

Crime

Arrested Pakistani national was spying on Indian Army, Navy, Railways in Bengal (Lead)

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Kolkata, Aug 12: Wahab Alam, the Pakistani national arrested in West Bengal’s North 24 Parganas district, was sent by Pakistan’s Inter-Services Intelligence (ISI) to collect information about the Indian Army, Navy and Railways in the eastern sector of the country.

Alam was arrested in the Habra area of the district.

Insiders from the state police said that during the marathon interrogation by the sleuths of the Special Task Force (STF) of the state police, he had admitted that he entered India through the India-Nepal border in 2012 and has since been staying in different pockets of the state, shifting bases from time to time.

After his arrest, the STF sleuths also seized forged Indian identity documents from his possession, like an Aadhaar card, PAN card and EPIC card. It is learnt that he managed these forged identity documents through another person, Muhammad Izaz, who was also arrested by the STF in the Topsia area in East Kolkata following Alam’s interrogation.

In fact, state police insiders said that before shifting to Habra, from where he had been arrested, Alam used to stay at Izaz’s residence in Topsia. However, as per information collected by the STF sleuths, he left the Topsia area immediately after the Special Intensive Revision (SIR) exercise started in West Bengal earlier this year before the recently concluded Assembly polls.

STF sleuths found that Alam was probably planning to flee to neighbouring Bangladesh, and hence decided to shift to Habra, which is fairly close to the India-Bangladesh border. The STF sleuths are currently interrogating Alam and Izaz to know about their other associates in the state.

Interrogation is also ongoing to find out the kind of information that Alam has already passed on to his handlers in Pakistan.

Reacting to media persons on the arrest of the Pakistani national, the state Municipal Affairs and Urban Development Minister, Agnimitra Paul, said that such elements could make their roots deeper in West Bengal because of the “nurturing by the previous Trinamool Congress regime”.

“My appeal to people is to be alert. If any suspicious persons or any suspicious activity is detected in your locality, kindly contact the local police station immediately,” she said.

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HM Shah requests LS Speaker to consult Oppn for students’ protest debate

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New Delhi, Aug 12: Union Home Minister Amit Shah on Wednesday wrote to Lok Sabha Speaker Om Birla urging him to consult with the Opposition parties for a discussion on the NEET students’ protest, stating that in a democratic nation, “solutions emerge only through discussion and dialogue”.

He also reaffirmed his commitment to remain present in the Lok Sabha when the debate is scheduled and is willing to answer every question raised by the Opposition.

In his letter, HM Shah said: “You are aware that the Hon’ble Minister of Parliamentary Affairs, Shri Kiren Rijiju, has agreed on behalf of the Government, during the Business Advisory Committee meeting, to a discussion in Parliament regarding the student protests concerning the NEET examination.”

He mentioned that even before the Opposition’s request, the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, was discussed in the Parliament; however, “no Hon’ble Member of Parliament from the Opposition expressed any views regarding the NEET examination in the House at that time”.

Nevertheless, he said that the Centre is ready to discuss this issue again.

“I request you to consult with the Opposition and, based on mutual agreement, allocate as much time, whether in terms of days or hours, as you deem appropriate, starting today. I intend to remain present in the House during the scheduled time to participate in the discussion on this matter and am prepared to answer all questions raised by the Opposition,” the Home Minister said.

“In a democracy, solutions emerge only through discussion and dialogue. I have unwavering faith in democracy and democratic institutions, and I believe that this House exists precisely for the purpose of discussion and dialogue,” he added.

“Therefore, I urge you to consult with Opposition leaders and facilitate a discussion on this important subject in a constructive atmosphere, so that all Hon’ble Members, from both the Treasury and Opposition benches, may present their valuable opinions and views,” HM Shah added.

This comes against the backdrop of the Opposition’s questions over the Home Minister’s “absence” from the House. The Opposition has sought a statement on the police action against students who participated in the protest march. The standoff has led to repeated disruptions.

Earlier in the day, speaking to reporters on the Parliament premises, Home Minister Shah hit back at the Opposition over allegations that he was avoiding the Parliament and said that he had been regularly attending the ongoing Monsoon Session.

HM Shah said that Union Parliamentary Affairs Minister Rijiju had already made it clear that the government was prepared to hold a detailed discussion on the protests by students. He said the government had accepted the Opposition’s original demand for a discussion and maintained that he himself had made it clear that he was prepared to answer questions on the matter in the Parliament.

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Akhilesh Yadav alleges FCRA Bill aimed at targeting minorities; Opposition demands withdrawal

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New Delhi, Aug 12: Samajwadi Party chief and MP, Akhilesh Yadav, on Wednesday alleged that the proposed amendments to the Foreign Contribution Regulation Act (FCRA) were aimed at targeting minorities and accused the NDA government of introducing the legislation to serve its own interests.

Speaking to reporters, Yadav questioned the need for the amendment to the Bill and criticised the government’s performance on infrastructure projects.

“Why do they want to bring the FCRA amendments? Is it only to suppress minorities? Is it only to serve their own interests? You are building airports, yet they get flooded with water. You are constructing expressways, yet there are potholes. What are you doing?” he said.

Drawing a comparison between governance and the recent aviation controversy, Yadav added, “Hume plane chalane walon aur pradesh chalane walon mein samanta dikhai de rahi hai.”

Samajwadi Party MP, Awadhesh Prasad, also raised concerns over the proposed legislation, saying that laws should not be enacted without clear intent and practical implementation.

“If the government’s intention is not right, then there is no point in passing such a Bill. There are many laws that have been passed but are not being implemented properly and remain ineffective in practice,” he said.

Another Samajwadi Party leader, MP Ram Gopal Yadav, argued that there was no need for the proposed amendments. He said voluntary organisations, religious organisations especially missionaries and NGOs have played a significant role in providing education, health and welfare services in several parts of the country, including tribal regions.

“There was no need to bring this Bill in the first place. In states such as Jharkhand, in the Dang region of Gujarat and in other tribal areas, the work done by missionaries, voluntary organisations and NGOs has often been greater than what governments have achieved. Restricting them would deprive millions of poor children of education and other essential services,” he said.

CPI MP, P. Santhosh Kumar, said the Opposition had demanded that the Bill be referred to a Joint Parliamentary Committee (JPC).

“There is no necessity for these amendments. However, referring the Bill to a JPC was one of the major demands raised by Opposition parties. Since the BJP will have a majority in the committee, we do not expect any positive outcome,” he said.

RSP MP, N.K. Premachandran, reiterated his party’s demand for the withdrawal of the Bill.

“Our consistent stand has been that the FCRA Bill should be withdrawn. The government is now proposing to send it to a Joint Parliamentary Committee, but the purpose of the Bill appears to be to exercise greater control over charitable organisations, NGOs and institutions run by minority communities,” he said.

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