In Custody, Civil Liberties

Context:

Instead of decolonising criminal law, the three new Criminal laws related Bills should entrench colonial logic — where the state’s paramount interest is to control the people to the maximum extent.

Expansion of Police Powers and Overcriminalization

Overextended Police Custody: BNSS proposes a drastic increase in police custody duration from 15 to 60 or 90 days, posing risks of abuse and coercion.
Widespread Overcriminalization: BNS introduces broadly defined offenses, particularly related to national security, contributing to overcriminalization and state control.
Lack of Transformative Vision: The bills lack a transformative vision for criminal law and justice, instead indicating an expansion of state control.

Ambiguous Offenses and Lack of Clarity

Vague Offenses Persist: BNS II maintains ambiguous offenses like misinformation and "Acts endangering sovereignty," perpetuating concerns about unclear legal boundaries.
Surrogate for Sedition: While removing "sedition," BNS II introduces a surrogate offense, lacking clarity and potentially widening the net for prosecution.
Terrorism Definition Ambiguity: Ambiguity persists regarding the applicability of BNS to terror offenses, with an unclear decision-making process between BNS and UAPA.

Structural Barriers

Missed Correctional Opportunities: Proposed bills miss the chance to address fundamental injustices in the criminal justice system, entrenching colonial-era state control.
Inadequate Structural Reforms: Despite emphasis on timelines and technology, the bills overlook fundamental structural barriers, such as high judicial vacancies and forensic science issues.
Efficiency vs. Context: The bills, emphasizing efficiency, fail to consider the context of implementation, especially regarding technology, forensic methods, and infrastructural challenges.

You must be logged in to get greater insights.

Article 370 judgment is a case of constitutional monism

Polity & Governance

The consultocracy

Economy

AI summit adopts ‘New Delhi declaration’

International Relations

COP28 summit calls for ‘transition away’ from fossil fuels

Environment

The limitations of CCS and CDR and their grip on our future climate

Environment

A quarter of freshwater fish species risk extinction by climate change: IUCN