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regular-article-logo Thursday, 04 July 2024

Law versus flaw

Some disturbing provisions of the three new criminal laws that came into effect from July 1, as explained by legal experts

Imran Ahmed Siddiqui Published 02.07.24, 10:15 AM
Representational image

Representational image File picture

■ Terrorism, corruption and organised crime shifted from the province of special legislation to ordinary criminal law, some of whose provisions have undergone a consequent stringency.

■ Maximum duration of police custody increased from 15 days to 90 days, raising fears of police excesses and coerced confessions.

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■ Sedition law changed only in name and the punishment — earlier three years to fife — increased to a flat life sentence.

■ Police given discretion to prosecute under the new laws or existing statutes like the anti-terror UAPA without clear guidelines, raising questions about consistency, fairness and accountability.

■ Definition of "terrorism" expanded beyond the UAPA to include acts that 'disturb public order or "destabilise the country, raising concerns about misuse against dissent and protest.

■ Vaguely worded offences relating to "terrorism", "organised crime" and "acts" endangering sovereignty leave scope for arbitrary application and infringement on the freedom of speech and personal liberty.

■ Provision of legal aid from the point of arrest has been removed, which could hinder access to justice and fair legal representation.

■ Introduction of trial in absentia shifts the burden of proof onto the accused.

■ Provision of statutory bail for people who face multiple charges removed, increasing the risk of lengthy pre-trial imprisonment.

■ Criminalisation of sexual intercourse under "deceitful means", such as false promises of employment or marriage, with up to 10-year jail terms. This risks criminalising consensual relationships.

■ The new criminal laws retain the old provision of CrPC Section 41 which gives power to arrest a person without warrant if he is suspected of having committed a cognisable offence.

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