To avoid variances in definitions and dispel confusion, the Indian Police Foundation (IPF), a think tank run by retired IPS officers and academics, submitted a memorandum Monday to the Parliamentary Standing Committee on Home Affairs examining the three Bills, seeking to replace the Indian Penal Code, the Criminal Procedure Code and the Evidence Act.
The think tank and policy advocacy platform, headed by BJP MP and former UP DGP Brij Lal, suggested that offences already defined under special laws like the UAPA, Juvenile Justice Act, Prevention of Corruption Act, Prevention of Cruelty to Animals Act and Food Safety and Standards Authority Act, should not be repeated in the Bharatiya Nyaya Sanhita.
The IPF also underlined the need for clarity and precision. “There are too many errors, ambiguities, inconsistencies and even incomplete sentences. The new codes should provide clear and precise definitions of procedures and legal provisions to minimise ambiguity and variances in interpretation,” the report said.
“In the mob lynching, clause 101(1)(2) concerning murder or grievous hurt by persons acting in concert on grounds of race, caste, community, etc, should be carefully redrafted to address mob lynching. The term acting in concert needs a precise definition. In the listing of grounds for the offence, ‘religion’ should be added. Mob lynching is a heinous offence, but clause 101(2) amounts to dilution of the punishment for murder committed by a group of persons acting in concert, as it could end in a sentence of seven years whereas for the offence of murder, the punishment is death or life imprisonment,” it said.
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