Concern over India's new criminal laws as police get more power
The Straits Times|December 29, 2023
Legal experts worry about weakening of procedural safeguards for those arrested
Rohini Mohan
Concern over India's new criminal laws as police get more power

New criminal laws enacted by the Indian government have expanded police powers in the most significant revision of the country's criminal justice system since independence.

The Indian Parliament on Dec 21 passed three laws which will replace the Indian Penal Code of 1860, the Indian Evidence Act of 1872 and the Criminal Procedure Code of 1973. The Indian Penal Code forms the basis of the penal codes of several other former British colonies, including Singapore and Malaysia.

India's Home Minister Amit Shah said the old laws "were not made for the citizens of this country but for the security of British rule", and that the government had "freed these three laws from the mentality and symbols of slavery".

Many of the changes to the laws involve reordering of clauses and removal of archaic references.

However, legal analysts said some of the amendments can have farreaching consequences.

While political parties across the board agree that urgent reform is needed, the opposition pointed out that the three new laws were enacted when virtually no opposition leaders were present to debate them. A record number of opposition MPs were suspended from Parliament after a protest about a security breach in the house on Dec 13.

The new laws increase the time the police can detain an arrested person. Earlier, police custody was limited to 15 days after arrest as a safeguard against police torture, which is allegedly widespread.

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