Controversial New Criminal Codes in India: Justice-Oriented or Just Rebranded?

The Bharatiya Nyaya Sanhita, along with two other new criminal laws, replaced British-era legislation in India on July 1. Despite the government's claims, legal experts argue that the changes do not shift focus from punishment to justice, retaining much of the old legal framework. The new laws have sparked discussions about their implications for justice and law enforcement in the country.

The Bharatiya Nyaya Sanhita (BNS), one of the three criminal laws instituted nationwide on July 1, has not been seen as establishing a justice-oriented system, according to legal expert Faisal Fasih. Despite the government's aim to transition from a punishment-based system to one focused on justice, Fasih expressed strong skepticism.

Fasih, an Assistant Professor at the West Bengal National University of Juridical Sciences (WBNUJS), criticized the extensive powers granted to the state and police, arguing that penal codes inherently focus on punishment. He pointed out that around 90% of provisions from the old laws have been retained, questioning the true extent of reform.

The workshop, organized by Fox & Mandal in collaboration with WBNUJS, dissected the new codes, acknowledging that while some changes were needed due to the colonial nature of previous laws, certain new provisions like those on sedition have become even more draconian. Discussions highlighted new terms such as 'petty organised crimes', 'mob lynching', and 'terrorism'.

(With inputs from agencies.)