INDIAN MANDALA India scraps British penal laws, but there is controversy over new rules

In December, the three new Codes were approved and will come into force on July 1. Several jurists point out against the increase in powers assigned to the police forces and the vagueness of some articles, which could make even Satyagraha, the hunger strike that Gandhi made famous, illegal. Its defenders insist, instead, on “decolonization” and affirm that from now on it will be easier to guarantee justice for crime victims.

New Delhi (Asia News/Agencies) – India is experiencing the days leading up to a transition that has unleashed strong controversy in the judicial world. Indeed, on July 1, a new corpus of criminal laws will come into force in the country that will replace the old codes that date back to colonial times. There are three new legal instruments – the Bharatiya Nyaya Sanhita, the Bharatiya Sakshya Adhiniyam and the Bharatiya Nagarik Suraksha Sanhita, which were approved together in December 2023 – that will replace the Indian Penal Code of 1860, the Indian Evidence Act of 1872 and the Code of Criminal Procedure of 1973.

The adoption of Hindi names already shows the symbolic nature of the transition, which was announced by the federal government’s Home Minister Amit Shah, one of the most prominent members of the BJP (Hindu nationalist party), as a new step towards “decolonisation”. And while it is true that almost three-quarters of the articles have remained unchanged, there is no lack of significant innovations. Although they have caused concern, especially because of the extension of the powers assigned to the police.

In particular, an article that repeals some words from an article of the old code and, consequently, extends the limits of precautionary custody beyond the current 15 days is controversial. Furthermore – as Delhi University jurists Anup Surendranath and Neetika Vishwanath observe in The Indian Express – some new ambiguous formulations of some crimes open the field to abuses in terms of freedom of expression. “The provisions on ‘false and misleading information’ (article 197) and on ‘acts endangering the sovereignty, unity and integrity of India’ (article 152, which replaces sedition) are extraordinarily vague and do not They offer no real indication as to when the police should take action. Reading these two articles does not give anyone a reasonable idea of ​​what exactly is being criminalized and the potential for serious abuse is evident.”

A Karnataka state commission further observed that even Satyagraha, the form of hunger strike protest used by Mahatma Gandhi, could be considered a crime if the new Code is strictly applied. Another point perceived as problematic is the fact that – imitating other judicial systems – the new Code introduces “community service” as an alternative form of punishment, but without giving a precise definition of it. “India is a secular country with people of different religions, castes, creeds and cultures,” the commission observed. “If the definition of community service is left to the law enforcement authorities, it could result in damage to the sentiments, personal reputation and social status of the person on whom such punishment is imposed. In the absence of a definition, the possibility of disputes over sentences cannot be overlooked.”

For all these reasons, appeals have been filed to postpone the entry into force and an appeal in this regard was also filed before the Supreme Court of Delhi requesting a intervention in extremis; However, the same Court had already ruled against a similar request a few weeks ago. Serious doubts were then raised regarding the Poor training of police forces in relation to the rules that are about to come into force.

For their part, supporters of the new Penal Code affirm that with these regulations it will be possible to focus more on seeking justice for victims, in a timely manner and reducing discretion. Uttar Pradesh Director General of Police Prashant Kumar, for example, said the intention of these laws is to deliver justice within three years. “The new laws are more transparent,” he explained, “as they oblige investigators to inform the complainant about the progress of the investigation within 90 days. In addition, the laws regarding crimes against children and women are now more severe. and specific”.

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