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About
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First draft of the Bill
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Revised Bills
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Handcuffs
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- It was introduced to prevent the escape of individuals accused of serious offences.
- To ensure the safety of police officers and staff during arrests.
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- The term economic offences has been removed from handcuff provision.
- The use of handcuffs is extended to the persons who are produced before the court.
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Mercy petitions
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- It allowed convicts undergoing death sentences or their legal heirs or relatives to file mercy petitions.
- The convict sentenced to death, or their legal heir or relative, can file a mercy petition to the Governor within 30 days after the jail authorities inform them about the disposal of their petition.
- If the Governor rejects it, they can appeal to the President within 60 days.
- The President's order is final and cannot be challenged in any court.
- It also allowed them to submit their plea to the Home Department of the Centre or the state government before approaching the Governor or the President.
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- It deleted the provision that allowed mercy petitions to be forwarded to the Home Department of the state government or the Centre for review.
- It is based on the committee’s suggestion that the judicial functions should not be left with Executive’s discretion.
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Preventive detention
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- It allowed police officers to detain or remove persons resisting to conform to any direction given by them and taken them to Judicial Magistrate.
- In petty cases release them “when the occasion is past”.
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- It adds a time limit to this provision.
- It says that the person detained may be taken to magistrate or in petty cases be released as soon as possible within 24 hours.
- Judicial magistrate is replaced b Magistrate.
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Community service
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- It has included community service as a penal measure for offences like attempting suicide, restraining exercise of lawful power theft, defamation of public functionaries, and appearing in public places while intoxicated and causing annoyance.
- There is no clear cut definition for community service.
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- It defines community service to mean work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.
- It also adds community service as punishment for unlawfully engaging public servants in trade and non-appearance in response to a proclamation
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Terrorism
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- It expanded the definition of terrorism beyond the Unlawful Activities (Prevention) Act, 1967 (UAPA).
- It included non-violent speech and acts that could intimidate, disturb or destabilise the public order or the political, economic, or social structures of the country as terrorism.
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- It removed the broad and vague definition of terrorism.
- It adopted the existing definition of UAPA 1967.
- UAPA defines terrorism as any act that threatens or strikes terror in the people or the sovereignty of India or any foreign country.
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Mental unsoundness
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- It used the term "mental illness" to replace the concept of "mental unsoundness" in the existing laws, without acknowledging the difference between them.
- It could have serious implications for the rights and liabilities of persons with mental health issues.
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- The error has been corrected and restored the concept of mental unsoundness.
- The government has recognised the importance and ensuring consistency with the existing laws and the Mental Healthcare Act, 2017.
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