The proposed BNS Bill defines causing "floods" as a terrorist offense.
Aiming to replace the British-era Indian Penal Code, it introduces a definition of terrorism as a separate offense in a general law.
The Unlawful Activities (Prevention) Act, 1967, is a specialized law focused on terrorism-related activities.
Definition and Provisions:
Section 111 (6) (a) of the BNS Bill defines a "terrorist" as someone who develops, possesses, transports, uses weapons, explosives, releases dangerous substances, or causes fire, floods, or explosions.
Concerns and Safeguards:
Lawyer M.S. Khan highlights that the proposed law lacks procedural safeguards against false implication, unlike the Unlawful Activities (Prevention) Act (UAPA) and Maharashtra Control of Organized Crime Act (MCOCA).
UAPA has faced criticism for its stringent provisions, and its constitutional validity has been challenged in the Supreme Court.
The proposed law's lack of safeguards raises concerns about potential misuse and hasty registration of FIRs.
Specific Case and Floods:
In 2022, Assam's Silchar experienced a devastating flood, leading to over 120 deaths.
Assam Chief Minister mentioned the flood as "man-made," attributing it to the breach of an embankment along the Barak river.
A criminal case was filed, and four Muslim residents were arrested, sparking social media discussions about "flood jihad."
Punishment and Safeguards:
Section 111 proposes a minimum five-year imprisonment and a maximum penalty of death for a terrorist offense.
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