Karan Dhoria, BLS LLB, Government Law College, Mumbai, India
ABSTRACT
The newly enacted Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Sanhita (BSS) aim to replace India’s colonial-era criminal laws—the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act. The government claims these changes will decolonize and modernize India’s criminal justice system. However, the modified provisions are minimal, leaving most colonial elements intact. Key changes include broadening definitions for organized crime and sedition, introducing zero FIRs and discretionary preliminary inquiries, and consolidating anti-terrorism laws despite overlaps with existing statutes like UAPA. The laws grant significant discretion to law enforcement, including powers for arbitrary arrests and extended detentions, which may conflict with constitutional safeguards under Articles 14 and 21. For instance, the BNS ambiguously defines organized crime, potentially enabling arbitrary charges. Additionally, the BNSS allows preliminary inquiries before FIR registration, undermining the Lalita Kumari ruling mandating immediate registration for cognizable offenses. The BNS reintroduces sedition, with an expanded scope that could restrict free speech. Overall, these reforms appear superficial and risk perpetuating colonial-era police powers, raising concerns about judicial oversight, personal liberty, and procedural fairness. This article critically examines these changes, questioning their impact on individual rights and alignment with the Constitution.
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