This is an archive article published on August 13, 2023

Govt wants to bring ‘dictatorship’: Sibal slams bills to replace criminal laws

The Rajya Sabha MP called on the government to take back the three bills it has brought to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872, alleging that if such laws become a reality, they would "imperil the future" of the country.

Referring to the BNS Bill, Sibal said it is "dangerous" and if passed then only the government's writ will run on all institutions. (Express photo by Anil Sharma)

By: PTI

3 min readNew DelhiAug 13, 2023 05:43 PM IST First published on: Aug 13, 2023 at 05:43 PM IST

Terming the Bharatiya Nyaya Sanhita (BNS) Bill as “unconstitutional”, former law minister Kapil Sibal on Sunday alleged that the government talks about ending colonial-era laws but their thinking is that they want to “bring dictatorship” through such legislations.

The Rajya Sabha MP called on the government to take back the three bills it has brought to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872, alleging that if such laws become a reality, they would “imperil the future” of the country.

“They (NDA government) talk about ending colonial era laws, but their thinking is that they want to bring dictatorship in the country through laws. They want to make such laws under which action can be taken against Supreme Court and high court judges, magistrates, public servants, CAG (Comptroller and Auditor General), and other government officials,” Sibal said at a press conference here.

“I want to request judges to be vigilant. If such laws are passed then the future of the country would be imperiled,” he claimed.

Referring to the BNS Bill, Sibal said it is “dangerous” and if passed then only the government’s writ will run on all institutions. “I request you (government) to take back these (bills). We will tour the country and tell the people what kind of democracy you want – one that throttles the people through laws and gags them,” he alleged.

The former Congress leader said the bill is “completely contrary to the independence of the judiciary”. “This is completely unconstitutional, it strikes at the root of the independence of the judiciary. Their thinking is clear that they don’t want democracy in this country,” he said, slamming the government.

Sibal, who was a Union minister during UPA I and II, quit the Congress in May last year and was elected to the Rajya Sabha as an Independent member with the Samajwadi Party’s support. He has floated a non-electoral platform ‘Insaaf’ aimed at fighting injustice.

Union Home Minister Amit Shah on Friday introduced in the Lok Sabha the BNS Bill, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, and Bharatiya Sakshya (BS) Bill that will replace the Indian Penal Code, 1860, Criminal Procedure Code, 1898, and Indian Evidence Act, 1872, respectively.

The minister also urged Lok Sabha Speaker Om Birla to refer the three bills for examination by the Parliamentary Standing Committee on Home Affairs. Among other things, the three bills propose to repeal the sedition law and introduce a new provision with a wider definition of the offence.

Besides defining terrorism for the first time, the changes aimed at transforming the country’s criminal justice system include provisions for maximum capital punishment for mob lynching, sexual assault of minors, maximum imprisonment of 20 years for all types of gang rape and community service as one of the punishments for first-time petty offences.