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Baner Club > Blog > Crime and Juistice > India overhauls colonial-era criminal laws
Crime and JuisticeNews

India overhauls colonial-era criminal laws

Key changes include amount of time police can hold a suspect rising from 15 days to 60

Last updated: 2024/07/01 at 3:20 PM
Published July 1, 2024
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NEW DELHI: India enacted a revision to its penal code on Monday, which critics warned might exacerbate the country’s already incredibly slow justice system. The country’s top judge hailed the decision as a “watershed” one.

India will “become the world’s most modern justice delivery system” with the aid of these codes, according to Interior Minister Amit Shah.

The three revised laws, which include the penal code and codes pertaining to criminal procedure and evidence, were passed by India’s previous parliament last year but didn’t go into force until this past Monday.

Their statement “signify a watershed moment for our society” was made by Chief Justice D Y Chandrachud.

A former law that made sodomy illegal has been repealed, and laws pertaining to sexual assault have been reinforced.

One of the most significant modifications is that police can now detain suspects for up to 60 days, and in certain circumstances, up to 90 days.

Previously, a judge would determine whether a case may go to trial; however, Supreme Court (SC) attorney Nipun Saxena criticized the new laws for strengthening the police’s authority to make this determination.

“Judicial functions cannot be transferred to police,” Saxena stated.

The code has also been updated, requiring that severe offenses be captured on camera and revising the acceptable digital evidence guidelines.

However, some argue that because the new regulations will apply to persons who are on trial for charges under the old system, they could cause confusion.

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admin July 1, 2024 July 1, 2024
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