Law panel chief interacts with members of Home Committee; suggests changes in BNS
BNS) which seeks to replace the colonial era Indian Penal Code (IPC). The sources said lynching has been «kept along with murder».
The law panel suggested that it should be «separated» and carved out as a separate offence itself «instead of part of murder».
Law Commission Chairperson Justice (retd) Ritu Raj Awasthi was also present at the meeting of the standing committee on Home headed by BJP's Brijlal, a former director general of police of Uttar Pradesh.
What amounts to «lynching» should also be defined for greater clarity, the law panel suggested, according to the sources.
The BNS uses the term "mental illness" in place of «unsound mind», «lunatic» and «idiot» which are in use in the present IPC.
The words were replaced as they were «colonial» in nature, the sources pointed out citing the BNS.
The definition of «mental illness» was taken from the Mental Healthcare Act, 2017.
The purpose and object of the mental healthcare law is different, they noted citing the presentation of the law panel.
What «mental illness» amounts to has been mentioned in the Act along with exceptions.
The definition, the law panel told the committee, will create a «lot of confusion», the sources said.
For the purpose of criminal jurisprudence, the panel suggested, that the term should be defined in the BNS wherever it was necessary, they said.
In IPC 302, self-defence is mentioned as one of the exceptions. If the term «mental illness» is provided instead of «unsound mind» in the BNS, then it will have «wide implication», the sources said citing the presentation.
Since the possibility of «misuse» cannot be ruled out, the law panel suggested that the term «unsound mind» be used.
The panel appreciated the use of the terms «organised crime» and
