NEW DELHI, Dec 14: Earlier this week, the government introduced modified versions of three criminal law bills that were initially presented in Parliament in August this year. The updated draft bills, which incorporate recommendations from a parliamentary panel, are poised to bring substantial changes to the landscape of criminal jurisprudence in India. The revamped bills, intended to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, encompass significant alterations, including an expanded definition of terrorism and increased penalties for mob lynching. Here are the key highlights from the new bills:

1. Redefined Notion of 'Terrorist' Acts: The second Bharatiya Nyaya Sanhita (BNS) bill signifies a notable transformation in the definition and scope of terrorism in India. The revised bill significantly broadens the parameters of what qualifies as a 'terrorist' act.
2. Extended Definition of Terrorism: The revised bill expands the definition of a terrorist act to cover a diverse range of actions aimed at threatening the nation's unity, integrity, sovereignty, security, and economic stability.
3. Inclusion of Monetary Stability Threats: Notably, any act causing harm to India's monetary stability, including the production, smuggling, or circulation of counterfeit currency or materials, is now categorized as a 'terrorist act.' This includes counterfeiting notes, which is now explicitly deemed an act of terrorism.
4. Widened Scope of Terrorist Acts: The updated bill broadens the meaning of terrorist acts to include actions carried out with the intent to induce terror or likely to instill terror among people in India or any foreign country.
5. Criminal Force Against Public Functionaries: The definition of terrorism now encompasses the use of criminal force against any public functionary. Section 113 grants authority to an officer not below the rank of Superintendent of Police to determine the classification of cases under this clause or the Unlawful Activities (Prevention) Act. Penalties for such acts range from life imprisonment to the death penalty if they result in a person's death.
6. Elimination of Previous Clauses: Unlike the prior definition of a terrorist act, which focused on destabilizing or dismantling political, economic, or social structures, the new bill discards this clause. Instead, it introduces new elements such as "sovereignty," "economic security," and "monetary stability" under the proposed section.

• COMMUNITY SERVICE DEFINITION REVAMPED: The updated bills offer a more explicit definition of "community service." While the initial draft proposed community service as a supplementary punishment alongside imprisonment, fines, and property forfeiture, the specific details of what constituted community service were undefined. The revised bill now precisely defines community service as court-ordered work benefiting the community, serving as a punitive measure for offenders. Magistrates of the first and second class now have the authority to sentence offenders to community service, alongside imprisonment and fines, with prescribed limits.
• STRONGER PUNISHMENT FOR MOB LYNCHING: In a significant amendment, the punishment for mob lynching has undergone substantial enhancement. The original bill categorized mob lynching as a crime, setting a minimum of seven years in jail, extending up to life imprisonment or death. The revised bill increases the minimum punishment to life imprisonment, aligning mob lynching penalties with those for crimes like murder.
• UNCHANGED ASPECTS: Despite recommendations, the second BNS bill retains its reluctance to re-criminalize adultery or criminalize non-consensual sex, including acts of bestiality. This reflects the government's adherence to previous Supreme Court rulings, such as the striking down of Section 497 (IPC) on adultery. Additionally, non-consensual gay sex under Section 377 (IPC) remains excluded from the bill, aligning with the Supreme Court's historic decriminalization ruling.
• NEW LEGAL INCLUSIONS: The revised bill introduces two crucial sections to address specific legal concerns. Section 73 discourages the publication of court proceedings that may expose the identity of a rape victim without prior court approval, safeguarding sensitive details during trials. Furthermore, Section 86 defines "cruelty" against women by husbands or relatives, expanding the scope beyond physical harm to include harm to mental well-being.
• DELETIONS AND CLARIFICATIONS: Several amendments bring clarity and precision to the language of the bill. Section 23 now clarifies that acts committed in a state of intoxication, without knowledge, or against one's will, may not be deemed an offense. The term "mental illness" has been replaced with "unsound mind" based on recommendations, ensuring a clearer understanding of acts committed by individuals incapacitated due to intoxication against their will.