Certain UAPA Provisions Included In Redrafted Bharatiya Nyaya Sanhita Bill

Certain provisions of anti-terror law UAPA have been included in the redrafted Bharatiya Nyaya Sanhita Bill, which was reintroduced in the Lok Sabha afresh along with two other bills to replace the existing criminal laws.

The three bills were reintroduced to include some of the recommendations made by a parliamentary panel.

The Bharatiya Nyaya Sanhita Bill was first introduced in Lok Sabha on Aug. 11, along with the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam bills. The proposed legislations seek to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.

In the reintroduced bills, at least five changes have been made, including in the definition of terrorism.

The definition of terrorism in the new Bharatiya Nyaya (second) Sanhita Bill now includes 'economic security' and acts of terror in foreign countries, among other changes.

"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...," it reads.

Besides causing explosions, the use of biological, radioactive, nuclear or otherwise hazardous nature or by any other means of whatever nature to cause or likely to cause death and injury, among other damage or destruction will be considered as an act of terror, the new bill says.

The revised bill says that an officer of the rank of Superintendent of Police can decide whether to register a case under the Unlawful Activities (Prevention) Act (UAPA), 1967.

"Disruption of any supplies or services essential to the life of the community in India or in any foreign country; or damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material" will be seen as an act of terrorism as per the newly introduced bill.

Any "damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any state government or any of their agencies" will also be construed as a terrorist act.

According to section 113 of the reintroduced Bharatiya Nyaya Sanhita Bill, the penalty for such activities can be capital punishment or life imprisonment. The fresh inclusions will be useful for Indian security agencies to bring to book under general law the terrorists are targeting Indian diplomatic establishments from abroad. The agencies are dependent on special laws like the UAPA for such actions.

The bill also states, "Overawes by means of criminal force or show of criminal force or attempts to do so or causes the death of any public functionary or attempts to cause the death of any public functionary... kidnapping or does any other act in order to compel the Government of India, any state government or the government of a foreign country....commit a terrorist act." These definitions were earlier part of the UAPA passed in 2013.

The Bharatiya Nyaya Sanhita Bill has also brought changes in Section 73, making it punishable to publish the proceedings of a court which may reveal the identity of victims of rape or that of similar offences without the court's permission.

Section 73 now states, "Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in Section 72 without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine." The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section, it explains.

Home Minister Amit Shah, in three identical signed statements submitted to Parliament, had said the decision to withdraw the three bills and introduce them afresh was taken after the parliamentary standing committee on home affairs made recommendations suggesting changes following a series of discussions with domain experts and stakeholders.

He had said in the statement for withdrawal that to make comprehensive amendments to the Indian Penal Code, 1860, the Bharatiya Nyaya Sanhita Bill, 2023, was introduced in Lok Sabha on Aug. 11 to repeal and replace the IPC.

This bill was referred to the department-related Parliamentary Standing Committee on Home Affairs on Aug. 18 for consideration.

Shah said the panel held several rounds of discussions with the officials of the Ministry of Home Affairs, Ministry of Law and Justice, domain experts and stakeholders and submitted its reports along with its recommendations on Nov. 10.

"Based on the recommendations of the committee, amendments are proposed in the Bharatiya Nyaya Sanhita Bill, 2023. It is proposed to introduce a new bill in place of the Bharatiya Nyaya Sanhita Bill, 2023," he conveyed to the Parliament.

Two similar statements for withdrawal were also made regarding the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.