New criminal laws draconian, give more powers to state and police, say experts

Bengaluru: Experts analysing India’s three new criminal laws at a discussion on Thursday called for collective efforts against their implementation.

Maitreyi Krishnan, advocate and President of the All India Lawyers Association for Justice (AILAJ), said the state government must push for amendments to protect people’s interests, particularly marginalised and vulnerable communities.

She spoke at a discussion titled 'Decoding the New Criminal Laws: A Social Justice Perspective’ with Mrinal Satish, Professor of Law at the National Law School of India University, held at the Alternative Law Forum.

The new laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam — came into effect on July 1.

Maitreyi described the laws as draconian and noted the lack of clear objectives in the pre-legislative consultation, which is mandatory for amending any law. “Moreover, there was no transparency in terms of forming a committee or involving the public to have a say," she added.

She expressed concern that Dalit, minority, marginalised communities and women would be adversely impacted by the new laws.

Satish stated that the primary goal of decolonising the colonial-era laws — the Indian Penal Code, the Code of Criminal Procedure and the Evidence Act — has not been met, adding that the new laws also grant arbitrary power to the state and the police.