Mumbai, August 12, 2023 :- In a significant development, the Maharashtra Legislative Assembly has introduced a bill aimed at amending the Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973, within the state. The bill, known as L. A. Bill No. II of 2022, seeks to modify existing provisions related to offenses against public servants and their duties.
The proposed amendments include alterations to Section 353 of the Indian Penal Code, 1860, which deals with offenses involving the use of criminal force or intimidation to prevent a public servant from discharging their duties. The bill suggests replacing the current punishment of up to five years of imprisonment with a maximum sentence of up to two years. Additionally, the bill aims to revise the corresponding entry in the First Schedule of the Code of Criminal Procedure, reducing the term of imprisonment for the said offense.
The move follows concerns raised by various quarters, including representatives of the public, journalists, and activists, who have highlighted instances where Section 353 has been allegedly misused by the bureaucracy to suppress dissent and obstruct the functioning of public servants. The bill seeks to address these concerns by ensuring that the punishment is more proportionate and consistent with similar provisions in other states across the country.
Notably, the bill also emphasizes the need for a fair and transparent legal process. It proposes that public servants and individuals from the press should have the opportunity to present their case before Section 353 is invoked against them. The bill aims to strike a balance between maintaining law and order and safeguarding the rights of individuals.
Sanjay Sawkare, the Member-in-Charge, expressed the intention behind the bill, stating that it aims to achieve a more equitable and efficient legal framework. This step has been taken to align the state’s legal provisions with constitutional principles and ensure the protection of fundamental rights.
The bill is expected to undergo discussions and deliberations within the legislative assembly before potentially being enacted into law. This move reflects the state’s commitment to upholding justice, transparency, and the rule of law in its legal system.
