‘One-year jail term for assaulting public servants’

The Parliamentary committee set up to amend the IPC and CrPC has proposed that there should be a provision of only one year’s imprisonment instead of two years for persons accused of assaulting public servants or obstructing them in their duties. Actually, this law was made by the British rulers to control the subjugated Indian people and instil in them fear of British rule. However, it has been 77 years since India’s independence, so there is a need for proper use of this law instead of misuse. Its objective should be to create a feeling of remorse rather than fear among the accused and to deter them from committing crimes.
The Parliamentary Standing Committee on Home Affairs, led by BJP member Brij Lal, made the recommendation after examining the three proposed criminal laws. The Committee report acknowledges that Section 353 of the Indian Penal Code (IPC), analogous to Section 130 of the Indian Code of Justice (BNS), is often “widely misused by public servants in the name of custody.”

Recognising the fundamental role of political demonstrations in maintaining democracy, the Committee highlighted instances where political leaders were wrongfully convicted under this IPC section while engaging in such demonstrations. As a result, it was suggested to reduce the punishment prescribed by this section.

In line with the submissions, the Committee recommended changing the punishment prescribed under Section 130 from two years to one year. Section 130 of the BNS specifies: “Whoever, assaults or uses criminal force to any public servant, with intent to deter or deter him from performing his duties, shall be punishable with imprisonment for a term which may extend to Shall be punished with punishment which may extend to two years, or with fine, or with both.”

The Indian Civil Code (BNS-2023) Bill, introduced in the Lok Sabha on August 11 along with the Indian Civil Code (BNSS-2023) and the Indian Evidence Act (BSA-2023) bills, aims to amend the Criminal Procedure Act 1898, the Indian Penal Code, respectively. Code, 1860, and the Indian Evidence Act, 1872.