Anyone pretending to comprehensively analyse the three new bills that seek to overhaul the Indian Penal Code, Code of Criminal Procedure and Evidence Act within a week of their introduction must be either a genius or a fraud. The Bharatiya Nyaya Sanhita (BNS) comprises 356 sections, repeals 22, modifies 175 and introduces eight; the Bharatiya Nagarik Suraksha Sanhita (BNSS) runs to 533 sections, modifies 160, repeals nine and introduces nine; and Bharatiya Sakshya Sanhita totals 170 sections, modifies 23, repeals nine and introduces one new section. Since I am neither a genius nor (hopefully) a fraud, I will leave the humongous exercise to others and restrict myself to some oddities and a few virtuous features.
First, the supreme irony. Touted as the panacea for criminal case arrears in India (estimated to comprise two-thirds of our distressing total of 50-million-case pendency), this legislative triumvirate might actually end up doing the opposite of what the home minister projected. Even slight modifications to the 505 sections across the three acts - as has been done - effectively subject overworked courts to repeated arguments; centuries-old jurisprudence overlying existing sections stands effaced and a de novo interpretation will consume endless court time before restoring the sanctity of the new language.
A fresh litigation explosion exceeding our existing numbers is the last thing this country can afford, but this appears to have escaped the attention of the mostly non-practising eminences in the committee set up for this exercise.
This story is from the August 17, 2023 edition of Hindustan Times.
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This story is from the August 17, 2023 edition of Hindustan Times.
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