12

Jul

Can New Criminal Laws Make India A ‘Police State?

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Dr John Dayal

New Delhi, 12 July 2024

Deep concern is being expressed in many quarters of liberal opinion, voluntary organisations and interest groups of minorities over the newly- implemented criminal laws in India. It is being feared that these laws could push the country towards a ‘police state’.

Under the new laws, the definition of terrorism has been expanded to include minor offences such as sharing small posts on social media. Local police are now empowered to investigate such sensitive cases.

 

 The new legal system grants excessive power to the police over citizens. The shift from the principle of ‘innocent until proven guilty’ to ‘guilty until proven innocent by the judiciary’. While laws are meant to ensure the safety of all citizens, the current system risks punishing innocent individuals while allowing many perpetrators to go unpunished.

 

No doubt there are several concerning aspects of these new laws. The laws, which replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Evidence Act, have been criticized for potentially impacting freedom of speech and dissent under the guise of security concerns. Starting July 2024, cases will be governed by these newly passed Bharatiya Nyay Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) laws.

 

Article at a Glance

The newly implemented criminal laws in India have raised deep concerns among liberal opinion, voluntary organizations, and minority groups. The laws, which grant excessive power to the police, have been criticized for potentially impacting freedom of speech and dissent.
The definition of terrorism has been expanded to include minor offences and local police are now empowered to investigate sensitive cases. The laws lack provisions to hold police officers accountable for filing false cases and grant discretion to police in registering FIRs, potentially leading to corruption and hindering marginalized sections.
The laws have been criticized for pushing the country towards a 'police state' and suppressing dissenting voices. Many are now planning to file a petition in the Supreme Court against the new laws and urging the government to refer them to parliamentary standing committees for evaluation and necessary changes.

 

The new laws are dangerous as these can be easily misused against citizens. The Modi government which enacted these laws in its previous tenure is being criticised for making drastic changes to the country’s criminal justice system without adequate discussion or debate in Parliament. These laws were passed in December 2023 amidst the suspension from the House of many Opposition members. These laws were passed when about 145 members of parliament were suspended from the house in December.

 

 The new laws lack provisions to hold police officers accountable for filing false cases. They grant discretion to the police in registering FIRs for crimes punishable by 3 to 7 years of imprisonment, potentially leading to corruption and hindering marginalized sections from filing FIRs. This could result in longer detentions and misuse of power, undermining civil liberties. While efforts to digitize the justice system by 2027, are welcome its potential discrimination against the poor and marginalized who lack access to technology and the internet is a matter of genuine concern. There is a need to make police and security agencies accountable for genuine decolonization of the legal system.

 

To those who understand the authoritarian character of the Modi regime, it is clear that the government aims to move towards a police state, adopting a fascist mentality to suppress dissenting voices and their opponents. Interestingly the new laws bear a marked resemblance to the British Raj  Rowlatt Act of 1919 which allowed for detention without trial or judicial review.

 

The new laws complicate the legal process as under the new law police have been given full authority to handcuff any accused (not yet convicted), whereas the Supreme Court has only permitted handcuffing in the rarest of rare cases. Police generally lack such authority in 99% of the cases. Previously police could detain an accused for up to 15 days, after which an advocate could apply for bail. However, under the new laws, police remand can extend up to 90 days, reversing the judiciary’s principle that ‘bail is the rule and jail is the exception’. Similarly, earlier when police detained or arrested a person, they were required to present them before a magistrate within 24 hours. Now in the new regime, there is no mention of a specific detention period allowing detentions ranging from 24 hours to several days.

 

The courts in our country have many times expressed their misgivings about the validity of electronic evidence as proof and its potential for manipulation. Despite this electronic evidence is accepted under the new laws. Police now have the power to seize any electronic equipment without a warrant. For police can seize the mobile phone of a person and detain him making it difficult for him to obtain bail.

 

Woken up a little late these quarters of liberal and democratic opinion are now planning to file a petition in the Supreme Court against the new laws and urging the Union government to refer these laws to parliamentary standing committees for evaluation and necessary changes.

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