Daily News Analysis

New criminal codes

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Context: Roll-out schedule of 3 new criminal codes will be notified by January 26
About:
The three new criminal laws introduced in 2023 are:
1. Bharatiya Nyaya Sanhita (BNS) Bill, 2023: This bill replaces the Indian Penal Code (IPC) of 1860 and aims to overhaul the criminal justice system in India
2. Bharatiya Sakshya (Second) Bill, 2023 (BSS): This bill replaces the Code of Criminal Procedure (CrPC) of 1973 and introduces several changes to the criminal justice system, including the addition of 24 new sections and the repeal of six sections. One of the new sections is related to mob lynching, which has been termed a hate crime, and capital punishment has been introduced for such offenses.
3. Bharatiya Nagarik Suraksha (Second) Bill, 2023 (BNSSS): This bill replaces the Indian Evidence Act of 1872 and has 170 sections, with 24 new sections added and six sections repealed. The bill aims to improve the criminal justice system and provide justice to the accused.

Significance:

• The significance of the implementation of the new criminal laws lies in their potential to modernize and streamline the criminal justice system in India.
• These laws are expected to bring about significant changes in the investigation, trial, and sentencing processes, ultimately enhancing the efficiency and effectiveness of the criminal justice system in the country

Criticisms:

  • Critics of these new laws argue that they are felonious and instead of preventing crimes, they provide legal cover to the government's crimes.
  • They also claim that these laws are an attempt to give legal cover to the government's crimes and that the people facing charges of terrorism are also defining terrorism.
  • Some critics have compared these laws to the Rowlatt Act, a British legislation that was widely criticized for its use of "preventive detention" and "protective custody" during World War I.
  • These new laws have been criticized for potentially threatening fundamental rights to privacy and free speech, attempting to digitize many aspects of criminal procedure without outlining procedural safeguards, and being passed without proper review by the Parliamentary Standing Committee on Home Affairs.

The new laws aim to overhaul the colonial-era criminal laws and make punishments more stringent for crimes such as terrorism, lynching, and offenses endangering national security. However, critics argue that these laws could lead to further violations of human rights and civil liberties in India.

 

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