When Laws Guard and Gag: The Double Edged Sword of India's Crime Control Reforms

Authors

  • Nancy Singh Author

Keywords:

Crime, BNS, National Security, Civil Liberties

Abstract

In 2023, India undertook a landmark reform of its criminal  justice system by replacing three colonial-era laws—the Indian  Penal Code, the Code of Criminal Procedure, and the Indian  Evidence Act—with the Bharatiya Nyaya Sanhita (BNS),  Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya  Sakshya Adhiniyam (BSA). These new statutes seek to modernize  the legal process, incorporate digital-era tools, and respond  more effectively to emerging threats such as terrorism, mob  lynching, and organized crime. However, this shift also brings  with it significant concerns regarding executive overreach,  vague legislative language, and potential misuse of expanded  state powers. This paper critically engages with these  developments through the thematic framework of “The Guard”  and “The Gag,” exploring how the same legal architecture that  promises public safety may also suppress dissent, civil liberties,  and the rights of marginalized communities.  

 

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Author Biography

  • Nancy Singh

     LL.B. 6th Semester, University Institute of Laws, Panjab University Regional  Centre Ludhiana, Punjab.

References

1. Ministry of Home Affairs, Government of India, “Press Release on the introduction of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam (2023)".

2. The Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967).

3. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s. 113.

4. The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), s.187. 6 Id., ss. 106–107.

5. Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.

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Published

2025-06-30

Issue

Section

Research Article

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