Experts have highlighted the lack of formal training for most lawyers and police officers in the country regarding the new laws, with the ongoing training process being described as very slow.
On July 1st, 2024, India implemented a sweeping overhaul of its criminal justice system, replacing the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act with three new laws: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). While the government has touted these changes as necessary reforms to modernize the legal system, legal experts and critics have raised significant concerns about the potential implications for civil liberties and the expansion of state power.
Increased Police Custody and Discretionary Prosecution
One of the most contentious aspects of the new laws is the extended duration of police custody, which has been increased from 15 days to a maximum of 60-90 days. This extension has raised concerns about the heightened risk of police excesses, coerced confessions, and undermining of fair legal proceedings.
Additionally, the new laws grant police officers broad discretion to choose between prosecuting under the new statutes or existing laws like the Unlawful Activities Prevention Act (UAPA), without clear guidelines. This discretionary power could lead to inconsistent application and raise questions about fairness and accountability.
Vague Definitions of Offenses
The introduction of vaguely worded offenses related to "terrorism," "organized crime," and "acts endangering sovereignty" has also drawn criticism from legal experts. These broad definitions leave room for arbitrary application and potentially infringe on fundamental rights like freedom of speech and personal liberty.
Reincarnation of Sedition Law?
While the new laws do not explicitly include a "sedition" law, they do introduce a provision in the BNS (Section 152) that criminalizes "acts endangering sovereignty, unity and integrity of India." Critics argue that this new section is essentially a reincarnation of the colonial-era sedition law, as it uses broad and subjective language that could be used to target dissent and criticism of the government under the pretext of protecting national security and integrity.
Confusion and Lack of Preparedness
Another concern raised by experts is the potential confusion arising from the transition, as cases filed before July 1st will continue to be heard and tried under the old laws, while those filed on or after that date will be charged under the new statutes. This could lead to inconsistencies in the application of the law.
Furthermore, experts have highlighted the lack of formal training for most lawyers and police officers in the country regarding the new laws, with the ongoing training process being described as very slow.
Criticism from Legal Luminaries and Opposition
The critics of these new laws include lawyers from the Supreme Court and High Courts, former law secretaries, legal experts, the political opposition, and various other stakeholders. They have expressed concerns about the expanded police powers, vague definitions of offenses, and the potential threats to civil liberties posed by these legislative changes.
As India embarks on this new era of criminal justice, the implementation and interpretation of these laws will be closely watched, with the potential for further legal challenges and debates on the balance between public safety and individual rights.
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