Criminal Laws Bring Ihe Indian Opposition Together India’s new criminal laws, which came into effect on July 1, 2024, have sparked a mix of reacti
Criminal Laws Bring Ihe Indian Opposition Together
India’s new criminal laws, which came into effect on July 1, 2024, have sparked a mix of reactions. The new laws, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Act (BSA), replaced the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively.
The opposition parties led by the Congress have raised significant concerns about the new criminal laws, which replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act.
Promoting a police State
They demanded re-examination of the Laws on the plea that they were passed “forcibly” in the Lok Sabha after suspending 146 opposition MPs, which they claim undermines democratic processes. They contended that the laws were pushed through without sufficient debate and consultation, which is essential for such significant changes.
There are concerns that the new laws could lead to an increase in police powers and potentially turn India into a “police state”. The opposition fears that the new laws might pose a threat to civil liberties and democratic freedoms by expanding police authority and diminishing judicial oversight.
Certain aspects in the new laws such as the scope given for extension of police detention period without charge from 15 days to up to 90 days raised concerns. These controversies highlight the need for careful monitoring and corrections before the new codes were put to implementation.
South concerns
Even as the Supreme Court had favoured measures for addressing non-serious cases adopting mutually agreeable approaches, the new laws are expected to end up giving the station house officer both the powers of police and the judiciary with the authority to grant station bail putting the offenders and the aggrieved at the receiving end.
The Indian Penal code and the Criminal Procedure codes came into existence overcoming all the implementation challenges and if any need was felt for overhauling them, it should be done for the better with the concurrence of all the stakeholders across the country.
Naming of the new laws in Hindi instead of English has come under question. The needs of the southern states such as Andhra Pradesh, Telangana Tamil Nadu, Karnataka, Kerala, Maharashtra and Odisha should also be taken into consideration and the names already given reflect the obsession of the ruling party with the desire to make a mark of its own on the legal system, opposition leaders contended. The opposition has called for a wider debate and more discussions to ensure that the new laws align with the principles enshrined in the Indian Constitution.
Modernising Criminal Justice System
Supporters of the new laws believe they will modernize India’s criminal justice system and ensure “speedy justice” with provisions like Zero FIR and online registration of police complaints. The government has emphasized that these reforms are necessary to address contemporary challenges and inefficiencies.
The new criminal laws allow FIRs to be registered at any police station, regardless of jurisdiction. They are intended to ensure stringent punishments and enhanced penalties for crimes like rape, acid attacks, and mob lynching. Introduction of community service as a form of punishment for minor offenses.
Contemporary challenges
They made the provision for online registration of police complaints to make the process more accessible. The were intended to ensure safety and anonymity of witnesses in criminal cases besides speedy trial of the cases. Emphasis was given to reducing delays in the judicial process, with specific timelines for various stages of a trial. The new laws were intended to provide enhanced rights and protection for victims of crime, including compensation and support services. These provisions aim to address contemporary challenges and improve the efficiency and fairness of the criminal justice system.
While the new laws aim to bring significant improvements, their success will largely depend on how effectively they are implemented and whether the concerns raised by critics are addressed.
“Watershed moment in history”.
Prime Minister Narendra Modi described the passage of three new criminal law bills as a “watershed moment in history”. These bills, which replace colonial-era laws like the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Evidence Act, aim to modernize India’s legal framework.
Modi emphasized that these reforms focus on public service and welfare, bringing the legal, policing, and investigative systems into the modern era with a strong emphasis on technology and forensic science. He highlighted that the new laws would enhance protection for the poor, marginalized, and vulnerable sections of society. Additionally, the bills address organized crime, including terrorism, and remove outdated sections related to sedition.
The Prime Minister also noted that these changes are part of India’s commitment to reform and progress, ensuring that the legal system is more relevant and empathetic.
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