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- Parliamentary Panel Recommends Handcuffs Should Not Be Used For Economic Offenders And Not To Clubbed With Those Arrested For Heinous Crimes Such As Rape And Murder
New Delhi3 minutes ago
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The parliamentary committee believes that handcuffs should be used for certain types of heinous criminals, so that they do not run away and police officers remain safe during arrest. (file photo)
The Parliamentary Standing Committee on Home Affairs has proposed that those accused of economic offenses should not be handcuffed. Also, these accused should not be kept in jail with heinous criminals (rape-murderers).
The chairman of this parliamentary standing committee on home affairs is BJP MP Brij Lal. The committee has recommended certain changes in the Indian Civil Code (BNSS) during the first 15 days of the accused’s stay in police custody.
On August 11, Home Minister Amit Shah had introduced three bills in the Lok Sabha – Indian Civil Security Code (BNSS-2023), Indian Judicial Code (BNS-2023) and Indian Evidence Act (BSA-2023). These three bills will replace the Code of Criminal Procedure Act (CrPC) 1898, Indian Penal Code (IPC) 1860 and Indian Evidence Act 1872.

Why shouldn’t economic offenders be handcuffed?
The parliamentary committee believes that handcuffs should be used for certain types of heinous criminals, so that they do not run away and police officers remain safe during arrest.
The committee also feels that those accused of economic crimes do not fall in the category of heinous crimes. In fact, economic crime includes a wide range of crimes, ranging from minor to serious crimes. And hence imposition of handcuffs cannot be justified in all cases falling under this category.
Talk about those 3 laws in which changes were made

What changes will be brought about by the 3 bills?
- Many sections and provisions will now change. There are 511 sections in IPC, now 356 will be left. 175 sections will change. 8 new sections will be added, 22 sections will be eliminated.
- Similarly, 533 sections will be left in CrPC. 160 sections will change, 9 new ones will be added, 9 will end. There will be a provision to conduct interrogation till trial through video conference, which was not there earlier.
- The biggest change is that now the trial court will have to give every decision within a maximum of 3 years.
- There are 5 crore cases pending in the country. Of these, 4.44 crore cases are in the trial court. Similarly, out of 25,042 posts of judges in district courts, 5,850 posts are vacant.
- All three bills are currently with the parliamentary committee. After this they will be passed in Lok Sabha and Rajya Sabha.
Understand 3 big changes…
- Not treason, now treason: The word sedition from the British era will be replaced by the word treason. Made the provisions more stringent. Now, under Section 150, any act against the nation, whether spoken or written, or done through sign or picture or electronic means, will be punishable with imprisonment from 7 years to life. Threatening the unity and sovereignty of the country would be a crime. The word terrorism also defined. Currently, under Section 124A of the IPC, the punishment for treason ranges from 3 years to life imprisonment.
- Community punishment: For first time minor crimes (drunkenness, theft less than Rs 5,000) the punishment is 24 hours imprisonment or a fine of Rs 1,000. The punishment may be a fine or community service. Currently, people are sent to jail for such crimes. There is such a law in America and UK.
- Mob Lynching: Provision for death penalty. If 5 or more people commit murder on the basis of caste, race or language, then the minimum punishment will be 7 years or death sentence. There is no clear law yet. Action is taken under sections 302, 147-148.
These changes have happened after 4 years of discussion
On behalf of the government, it was said that apart from 18 states, 6 union territories, Supreme Court, 22 High Courts, judicial institutions, 142 MPs and 270 MLAs, the public has also given suggestions regarding these bills. After four years of discussion and 158 meetings during this period, the government has introduced the bill. The first meeting for these changes was held in September 2019 in room number G-74 of the Parliament Library. There was no progress in this for a year during Corona.