Instead of overthrowing the yoke of colonialism, the new Bills give increasing draconian powers to the police, while making some cosmetic changes to the existing laws
The three new Bills meant to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and the Indian Evidence Act have been widely commented upon from different angles. This article is confined to the impact the changes are likely to have on the civil liberties of the accused persons.
As much as 85-90% of the substantial provisions of the old laws have not been changed. Additionally, some of the changes are nothing but long-standing judicial pronouncements and precedents being incorporated into the Bills. The existing laws have also been amended from time to time to incorporate judicial pronouncements such as the Supreme Court judgments in the cases of DK Basu and Arnesh Kumar, which spoke about the rights of arrestees.
As much as 85-90% of the substantial provisions of the old laws have not been changed. Additionally, some of the changes are nothing but long-standing judicial pronouncements and precedents being incorporated into the Bills. The existing laws have also been amended from time to time to incorporate judicial pronouncements such as the Supreme Court judgments in the cases of DK Basu and Arnesh Kumar, which spoke about the rights of arrestees.