No Guarantee that police will not harass common man: Telangana HC advocate Khaja Aijaz Uddin on new criminal laws
Hyderabad: Starting Monday, three new criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – will replace the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
Government’s Perspective: Union Home Minister Amit Shah stated that these laws aim to eliminate delays in the criminal justice system, focusing on justice and protecting citizens’ constitutional and human rights.
Concerns Raised by Advocates and Activists:
- Increased Police Powers: High Court Advocate Khaja Aijaz Uddin highlighted that the BNSS grants more power to the police, allowing up to 15 days of police custody, which can be extended within a judicial custody period. He expressed concern that this could lead to harassment.
- Use of Handcuffs: Activists worry that the BNSS contradicts Supreme Court rulings on handcuffs, allowing their use in specific cases, which might lead to violations of court decisions.
BNS Act Specifics:
- Sections and Offences: The BNS Act reduces the number of sections from 511 to 358 compared to the IPC, adds 31 new crimes, and removes 19 provisions. It increases maximum jail sentences for 33 offenses, and fines for 83 crimes, and introduces mandatory minimum punishments for 23 crimes. Community service is now a punitive measure for six minor offenses.
- Mob Lynching and Terrorism: The BNS Act addresses mob lynching (Section 103(2)) with severe punishments and introduces new terrorism-related sections (Section 113) covering various offenses.
- Women’s Safety: Offences against women are prioritized in the BNS Act, emphasizing harsh punishments.
Reforms: The new laws include provisions for summary trials, time limits for filing charge sheets and completing investigations, pronouncing judgments, and granting legal validity to electronic and digital records.
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