Legal News Update by Lomash

Hello, Doston!

In this edition of our newsletter, we will discuss the three new criminal laws that India introduced recently and their implications for the criminal justice system and the society.

The three bills are:

1. Bharatiya Nyaya Sanhita, 2023: This bill replaces the Indian Penal Code, 1860, and introduces new provisions and definitions for offences such as terrorism, mob lynching, sexual offences, cybercrimes, and counterfeit currency. It also introduces community service as a new form of punishment for petty offences.
2. Bharatiya Nagarik Suraksha Sanhita, 2023: This bill replaces the Code of Criminal Procedure, 1973, and introduces new provisions for investigation, trial, bail, and witness protection. It also empowers the police to arrest without warrant for certain offences and provides for special courts for heinous crimes.
3. Bharatiya Sakshya Bill, 2023: This bill replaces the Indian Evidence Act, 1872, and introduces new provisions for admissibility, relevance, and weight of evidence. It also provides for electronic evidence, scientific evidence, and expert evidence.

These bills are intended to modernize and reform the criminal justice system in India and shed the colonial legacy of the existing laws. However, they have also faced criticism from some quarters for being hasty, vague, and draconian. Some of the key issues raised by the critics are:

• The bills were drafted by a committee without adequate consultation and representation from various stakeholders, such as civil society, legal experts, and marginalized groups.
• The bills expand the scope and definition of terrorism and other offences, which could lead to misuse and abuse of power by the authorities and violation of human rights and civil liberties.
• The bills do not address the root causes of the problems in the criminal justice system, such as lack of resources, infrastructure, training, and accountability.

The bills do not incorporate the recommendations of various commissions and committees that have suggested reforms in the criminal justice system over the years.