Change In Remand Law, is a shocking provision, that will deeply affect the lives of all Indians." said A leading human rights Lawyer Dr. Anthony Raju, Advocate of the Supreme Court
The Change In Remand Law As Per The Bharatiya Nagarik Suraksha Sanhita, 2023
The new laws prioritise the investigations of crimes against women and children, ensuring timely completion within two months of recording information (Section 193 of the Bharatiya Nagarik Suraksha Sanhita).
Summons can now be served electronically (Sections 64, 70, 71 of the Bharatiya Nagarik Suraksha Sanhita).
Courts grant a maximum of two adjournments to avoid unnecessary delays in case hearings (Section 346 of the Bharatiya Nagarik Suraksha Sanhita).
The new laws mandate all state governments to implement the Witness Protection Scheme (Section 398 of the Bharatiya Nagarik Suraksha Sanhita).
A new chapter has been added in the Bharatiya Nyaya Sanhita specifically to address offences against women and children (Chapter V of the Bharatiya Nyaya Sanhita) and the introduction of community service for minor offences (Sections 4, 202, 209, 226, 303, 355, 356 of the Bharatiya Nyaya Sanhita).
Boon or bane for the criminal justice system?
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 and, for the first time, decriminalizing homosexuality and adultery.
The act of obtaining sex by promising marriage to a woman will be treated as a crime for the first time and will carry a 10-year sentence. Besides this, the new law also specifically defines the notion of consent.
It stipulates that forensic evidence must be used in offenses carrying a jail sentence of seven years or more for which more labs will be set up across the country.
Rights campaigners and critics say the new laws give authorities too much power.
Experts pointed out that the new legislation is neither anti-colonial nor transformative. Many say it is a missed opportunity to fix over-criminalization and hands enhanced power to the state and the police.
"The laws enacted by this government are 10 times more draconian," A leading human rights Lawyer Dr. Anthony Raju, Advocate Supreme Court said to Tehlka TV.
"During the British period, you could keep a person in police custody for a maximum of 15 days. Now, extending 15 days to 90 days and more, is a shocking provision enabling police torture." Said Dr Raju
Objections to consolidation of state power
Dr. Anthony Raju Advocate for Human Rights, also pointed out that dispensing with the provision of legal aid from the point of arrest was particularly problematic.
Dr. Raju, who has studied the criminal bills closely, pointed out that current bills reinforce power and disproportionately favour the law enforcement agencies and the prosecuting state.
Dr. Raju further said immense unilateral power has been given to the investigating agencies without any safeguards and several regressive provisions give more power to the police at the cost of citizens.
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Dr. Raju was scathing in his attack, pointing out that in the name of decolonization, the laws just meant more arbitrary power to the state.
Dr. Raju said there is no real effort in the bills to enhance police accountability and that they were a recipe for enhancing repression.
"Like many other historic pieces of legislation, these three pivotal laws, that will deeply affect the lives of all Indians, have also been rushed through parliament with the explicit aim of avoiding any meaningful debate or genuine discussion on them," he Said.