4 days ago
Punjab's new anti-sacrilege law proposes minimum 10 yrs jail which may extend to life; parents to be made party if accused juvenile
CHANDIGARH: Punjab govt's proposed law against sacrilege aims to make parents or natural guardians, who 'deliberately or otherwise omit or fail to perform their duty to control and manage an accused juvenile or differently abled person', party to the offence.
The draft of the proposed bill, 'The Punjab Prevention of Offences Against Holy Scripture(s) Act, 2025', prescribes a minimum jail term of 10 years in case of conviction for sacrilege, which may extend to life imprisonment. If the offence triggers communal riots, leading to the loss of human life or damage to public or private property, the punishment could range from 20 years to the remainder of natural life, plus a fine Rs 10 lakh to Rs 20 lakh, says the draft proposal.
There is no provision of parole or furlough for those getting the maximum sentence or failing to pay fines. A second or subsequent conviction can land the convict in prison for 'life or remainder of natural life'.
If a Granthi, Pathi Singh, Sewadar, Ragi, Dhadi, Parbandhak, Pandit, Purohit, Moulvi or Padri — those assigned to perform religious duties related to their holy scriptures — is found guilty of an offence under this law, they will get the maximum punishment provided for that category of offence.
by Taboola
by Taboola
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3-5 years' prison for 'attempt' to commit an act of sacrilege: Draft
A second or subsequent conviction can land the convict in prison for 'life or remainder of natural life'.
If a Granthi, Pathi Singh, Sewadar, Ragi, Dhadi, Parbandhak, Pandit, Purohit, Moulvi or Padri — those assigned to perform religious duties related to their holy scriptures — is found guilty of an offence under this law, they will get the maximum punishment provided for that category of offence.
Those conspiring sacrilege or instigating it will also be tried under this law, as will those who hinder, obstruct or disturb religious worship or religious ceremonies The draft of the proposed Act has been prepared in the leadup to the two-day special session of Vidhan Sabha, which commences on July 10. As a matter of procedure, the draft is to be vetted by the Legal Remembrancer.
According to the draft, an officer not below the rank of DSP will conduct the probe and investigation has to be completed within 60 days.
The draft mentions 'Holy Scripture(s)' as the ones considered sacred and may include Sri Guru Granth Sahib or extracts thereof including Pothis and Gutka Sahib, Srimad Bhagavad Gita, Quran Sharif and Holy Bible.
The punishment for 'attempt' to commit an act of sacrilege, as per the draft, will be imprisonment for three-five years and a fine of up to Rs 3 lakh. For conspiring, facilitating, instigating, or abetting others to commit any such offence or offences, the proposed jail term is three to five years plus a fine from Rs 3-5 lakh.
For causing hindrance, obstruction, or disturbances in the performance of religious worship or religious ceremonies, the punishment is between five to seven years of jail, and a fine of Rs 5-7 lakh. For attempting to cause any such hindrance, the punishment is between three to five years' jail and a fine Rs 3-5 lakh.
It also empowers state govt to constitute special courts consisting of a single judge not below the rank of sessions judge or additional sessions judge, for each sessions division, 'as may be necessary for aspeedy trial'.
The draft stipulates that the investigation officer will ensure collection of forensic evidence by an expert and photography and videography of the entire process in the presence of a judicial magistrate, who will also verify and countersign any inventory. After the Oct 2015 incidents of sacrilege and the death of two anti-sacrilege protestors in Punjab put the state on boil and pushed state govt to the wall, the erstwhile SAD-BJP combine govt in March 2016 passed IPC and CrPC amendA ment bills, which recommended life sentences for desecration of Guru Granth Sahib, considered as 'living guru'.
The Centre — to which the bills were sent since the amendments pertained to central Acts — returned it, citing the secular nature of the Constitution and saying it could not single out religion.
After the change of guard, the Captain Amarinder Singh-led Congress govt withdrew the 2016 bills in Aug 2018, and passed the IPC and CrPC amendment bills proposing, in addition to Guru Granth Sahib, life imprisonment for desecration of Gita, Quran, and Bible as well. The bills remained pending with the Centre before being sent back after BNS and BNSS replaced IPC and CrPC
