India Enacts New Criminal Laws

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Facts

  • In order to overhaul its justice system, India on Monday enacted three new criminal laws approved by the country's parliament last year.1
  • The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam have replaced the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act.2
  • Key changes include a strengthening of laws dealing with sex assault, removal of laws against sodomy, and increased duration of police custody.3
  • One of the first cases registered under the new legislation was reportedly against a street vendor for 'obstructing a footover bridge' at the New Delhi Railway Station.4
  • The laws were allegedly forced through in the absence of opposition as the Prime Minister Narendra Modi-led government suspended 143 lawmakers during the parliamentary session in December.5

Sources: 1Reuters, 2The National, 3Al Jazeera, 4Aa and 5NDTV.com.

Narratives

  • Right narrative, as provided by The Hindu. India's new criminal laws are designed to ensure swift and fair justice, prioritizing resolution over punishment. These reforms aim to deliver justice from the Supreme Court within three years of filing an FIR. The laws are available in all regional languages, enhancing accessibility and fairness in court proceedings. They introduce a mandatory audio-video recording of searches and forensic examinations for serious crimes, improving transparency and conviction rates. These changes promise a more efficient and just legal system.
  • Left narrative, as provided by Amnesty International. India's new criminal laws have raised significant concerns. They threaten freedom of expression, peaceful assembly, and fair trials. The Bharatiya Nyaya Sanhita reintroduces sedition under a different guise, with harsher penalties. The Bharatiya Nagarik Suraksha Sanhita allows prolonged police custody, which could lead to torture. The Bharatiya Sakshya Adhinayam permits electronic evidence without robust data protection, risking abuse. These laws will collectively stifle dissent and violate human rights. They must be repealed and aligned with international standards.

Predictions