The University Grants Commission (UGC) has instructed universities and Higher Education Institutions (HEIs) nationwide to promote awareness of the new criminal laws and dispel any misconceptions surrounding them. The UGC has identified certain myths, including claims that the new laws pose a threat to individual freedom, seek to establish a “police state,” retain sedition provisions under ‘Deshdroh,’ and permit “police torture.” In addition, the UGC has distributed flyers to universities and HEIs outlining these myths and providing clarifications.
Manish Joshi, the Secretary of the University Grants Commission (UGC), said that Higher Educational Institutions have been urged to promote the Bharatiya Nyaya Sanhita, 2023, focusing on the themes outlined in the flyers. This can be achieved through campaigns involving standee displays, distribution of flyers, and organizing seminars and talks featuring lawyers, both serving and retired judges, and respective faculties within their institutions.
He further mentioned that these institutions are also required to provide details of the conducted activities to the Ministry of Education, which will subsequently be forwarded to the Home Ministry.
During the Winter Session, both Houses of Parliament approved The Bharatiya Sakshya Sanhita, 2023, The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and The Bharatiya Nyaya Sanhita, 2023. After receiving assent from President Droupadi Murmu, these legislative measures were officially enacted into law. Notably, they will replace the Indian Evidence Act, 1872, the Criminal Procedure Code, 1973, and the Indian Penal Code (IPC) respectively.
The UGC’s flyers highlight certain myths associated with the new criminal laws, asserting that they purportedly pose a threat to individual freedom and intend to establish a police state. The UGC contends that these laws are essentially a rehash of existing draconian provisions. Additionally, the UGC draws attention to the extension of custody from 15 to 90 days in the new criminal laws, characterizing it as a concerning provision that could enable police torture. It clarifies that while sedition is eliminated, it reappears as ‘Deshdroh’ in Bharatiya Nyaya Sanhita 2023, and there are stringent penalties for hit-and-run cases under the same legislation.
Furthermore, the UGC points out that the Bharatiya Nyaya Sanhita (BNS) has introduced 20 new offenses, concurrently eliminating 19 provisions from the Indian Penal Code (IPC). The BNS has increased imprisonment penalties in 33 offenses, enhanced fines in 83 cases, introduced mandatory minimum punishments in 23 instances, and incorporated ‘community service’ penalties in six offenses.
The new criminal laws propose significant changes, such as introducing a definition for a child, incorporating transgender individuals into the definition of ‘gender,’ encompassing electronic and digital records within the definition of a document, and broadening the definition of ‘movable’ to include property of every description.
The new criminal laws have introduced additional chapters addressing offenses against women and children, as well as ‘inchoate offenses’ such as attempt, abetment, and conspiracy. Beggary has been recognized as a form of exploitation for trafficking. The amendments also bring in new offenses, including organized crime, terrorist acts, petty organized crime, hit-and-run incidents, mob lynching, hiring a child to commit an offense, sexual exploitation of women through deceitful means, snatching, abetment outside India, acts jeopardizing the sovereignty, integrity, and unity of India, and the publication of false or fake news.