The replacement of the… three Acts has been done in haste without adequate deliberations and consultations. These enactments are falling within List III – Concurrent List of the Constitution of India and hence extensive consultation ought to have been done with the State Government. The
Lawyers and Opposition parties have pointed out that the new laws increase police powers by extending the maximum limit of police custody from 15 days to 60 days or 90 days (Section 187 of the Bharatiya Nagarik Suraksha Sanhita).
States were not given adequate time to express their views and the new laws were passed by the Parliament without the participation of the Opposition parties.
The rigorous form of Satyagraha or hunger strike is of great significance in India’s freedom history. It played a major role in our Independence movement and after attaining freedom, hunger strike has been a tool to caution the wrongdoings of the governments. It is unfortunate that this category of attempt to commit suicide is not decriminalized. This design of prohibiting the voice of the public amounts to violation of fundamental rights and denigrating the philosophy of Satyagraha
Section 226 of the BNS states that “whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.” In the IPC, Section 309, which criminalized attempt to suicide, was made virtually redundant through the introduction of the Mental Health Act, 2008.
The three newly-enacted criminal laws, the Bharatiya Nyay Sanhita (to replace the Indian Penal Code-IPC), the Bharatiya Nagarik Suraksha Sanhita (to replace the Code of Criminal Procedure- CrPC) and the Bharatiya Sakshya Adhiniyam (to replace the Indian Evidence Act, 1872) have come into force on July 1, 2024.
The contents of the Indian Evidence Act (IEA), 1872 have changed little as far as the Bharatiya Sakshya Adhiniyam (BSA) is concerned. The scope of secondary evidence has been slightly broadened and some changes have been made in the provisions relating to electronic evidence in the BSA.
The Parliament, in December 2023, passed three pivotal Bills: Bharatiya Nyaya (Second) Sanhita, 2023; Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and Bharatiya Sakshya (Second) Bill, 2023 to overhaul the criminal justice system.
The Bharatiya Sakshya Adhiniyam introduces clarity in the definition and admissibility of electronic records, particularly emphasising the importance of expert certification and hash algorithms for secure use of electronic mediums. However, this may pose challenges for cyber laboratories, as the workload is expected to increase substantially.
A large number of decisions rendered by the Supreme Court has been ignored.
The new laws include provisions to expand detention in police custody from the current 15-day limit to up to 90 days — bringing terror, corruption and organized crime under ordinary legislation
current laws reinforce power and disproportionately favour the law enforcement agencies and the prosecuting state.
#Police Power in India
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