Kapil Sibal senior lawyer and president of the Supreme Court Bar Association (SCBA) made a statement saying that “I don't understand why we needed new laws at all. We are moving toward a totalitarian system“.
Senior Advocate Kapil Sibal stated on Friday that the recently established criminal legislation, the Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Sakshya Adhiniyam (BSA), are oppressive and mark India's transition to a totalitarian government.
The president of the SCBA delivered the first lecture on Crime and Punishment.The focus of the speech was, "Are our Criminal Laws Consistent with Our Constitutional Values?" which was organized by the policy think tank Vidhi Centre for Legal Policy. Arghya Sengupta, Vidhi's Research Director, hosted the discussion.
In his speech, Sibal raised alarm about the new legislation' expansion of police authority.Referring to regulations that now allow an accused to be held in police custody for 60-90 days following arrest (rather than the previous 15 days), Sibal stated:
"Is there another country that does this?" There is none that permits such arrest and detention. Most laws in liberal countries require you to appear before a magistrate within 24 hours and be released on bond.
Sibal went on to say that the law has been made more draconian.
"A person detained on suspicion will now never be granted bail for 60-90 days. In other words, you've made the law much more onerous. Investigation and trial can take place in various states, which is why it violates federalism," he stated.
Sibal believes that these regulations violate the notion of federalism and other fundamental objectives.
"I don't understand why we needed new laws at all. We are on our way to a totalitarian system. Why is the new IPC named Nyay Sanhita? The State prosecutes crimes against society, therefore where is Nyay (Justice)? If you take the law into your own hands and violate it, society will punish you. So it's punishment, not 'nyay.' So it is really 'anyay' (injustice). The new CrPC is named Bhartiya Nagrik Suraksha Sanhita. How is 'Suraksha'? It is a complete lack of thought as to how the laws are titled," Sibal stated.
