The overhaul of India's criminal justice system is not only a long due reform, it is also imperative for decolonising India's penal system. Elucidate in the light of recently proposed Bills: Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagrik Suraksha Sanhita Bill, 2023 and Bharatiya Sakshya bill, 2023.
Introduction
India's criminal justice rests on the IPC, CrPC and CPC all of which are colonial remnants (1860s). While they do have some pervasive legal system is adversarial and was meant for a colonial subjugation.
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Main Body
Proper implementation law and public order. Thus it should only under Cement be used for security of state of state cases.
Lack of safeguard based law is proscollateralise (Ishpaya singhal case)
For Interest Shutdown for example.
Relevance and Need of UAPA and National Security Act:
(For Burning of Quran)
Such incidents require stoel action.
Public Tranquility:
Process is the punishment:
(Way Forward)
India's criminal justice rests on the IPC, CrPC and CPC all of which are colonial remnants (1860s). While they do have some pervasive legal system is adversarial and was meant for a colonial subjugation. Thus reform is imperative.
Long Due Reform:
Introduces community burnished
Contemporary solutions and requirement:
Declinise Penal System:
Focus shifted from adversarial asset based system to rehabilitative justice
(Challenges)
However, 3 codes are a step in right direction in overall charge in India's criminal justice system
Conclusion
While such laws are required, they must safeguards, initiate Irish (law of Oligarchy -> use of power to stay in fever). Independent regulator on application and avoid misuse. Parliamentary and judicial scrutiny However, 3 codes are a step in right direction in overall charge in India's criminal justice system
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- Discusses relevance of UAPA with current examples
- Mentions safeguards and judicial scrutiny
- Addresses process as punishment concern
- Proposes way forward with independent regulator
- Contextualises colonial legacy of criminal justice system
- Links reform to decolonisation framework
- Cites specific features of new bills
- Mentions digital evidence and videoconferencing
- Links women's safety provisions to Verma Committee
- Discusses digital solutions (FIR)
- Mentions decriminalisation of colonial provisions
- Connects specific bills to broader reform
- Identifies shift from adversarial to rehabilitative justice
- Notes limitations like sedition and death penalty
- Balanced conclusion acknowledging progress
AKANSH DHULL
Fundamental Rights
Freedom of Speech and Expression
Balance between National Security and Democratic Freedoms
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19
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18
Bullets
analytical and prescriptive
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