Kapil Sibal Criticizes New Criminal Laws as Totalitarian Shift

Senior Advocate Kapil Sibal has condemned the recently enacted criminal laws — the Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Sakshya Adhiniyam (BSA) — labeling them as oppressive and indicative of India's transition to a totalitarian regime. Sibal expressed his concerns during an inaugural lecture on Crime and Punishment, organized by the Vidhi Centre for Legal Policy.

Sibal argued that the new laws not only undermine federalism but also contradict constitutional values "I do not understand why we needed the new laws at all. We are moving to a totalitarian system. Why is the new IPC called Nyay Sanhita? It is the State that prosecutes crimes against society, so where is Nyay (Justice)? If you take law into your own hands and break it, society will punish you. So it is punishment, not 'nyay' So it is actually 'anyay' (injustice). New CrPC is called Bharatiya Nagarik Suraksha Sanhita. How it is 'Suraksha'? It is a complete non-application of mind as to how the laws are titled" he asserted.

One of the key concerns raised by Sibal was the provision allowing the initiation of criminal cases from any part of the country, regardless of where the alleged offence occurred. He criticized this as a 'recipe for disaster', suggesting it could lead to targeted prosecutions, especially against opposition leaders. "It is the ideal recipe for prosecution - FIR can be lodged and probed anywhere. Opposition leaders will be targeted. It is a recipe for disaster and has been incorporated into the statute without any thought at all" he stated.

During his address, hosted by Vidhi's Research Director Arghya Sengupta, Sibal also highlighted the problematic expansion of police powers under the new laws. Notably, he criticized the provision that allows an accused to be kept under police custody for 60-90 days post-arrest, compared to the previous limit of 15 days. “Is there any other country (that does this)? There is none that allows such arrest and custody. Most laws in liberal countries are that within 24 hours you are produced before a magistrate and usually let out on bail because it is rule not exception when you are innocent until proven guilty” he explained.

Sibal's remarks underscored his view that the new laws have made the criminal justice system more oppressive. "A person arrested on suspicion will now never get bail for 60-90

days. In other words, you have made the law far more oppressive. Investigation and trial can happen in different States, and that is why it is against federalism" he concluded.

The Vidhi Centre for Legal Policy's session on "Are our Criminal Laws consistent with our Constitutional Values?" provided a platform for Sibal to express his apprehensions about the implications of the BNSS, BNS, and BSA. His critique highlights a growing concern among legal experts about the potential erosion of civil liberties and constitutional protections under the new legal framework.

Author: Anushka Taraniya
News Writer