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OpinionLetters

Letters | Why the world should care about India’s hasty criminal law reform

  • Readers discuss the risks of replacing the Indian Penal Code, a cinematic reminder to appreciate Hong Kong history, and the problem with the DSE English exam

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A view of India’s Supreme Court in New Delhi on December 11. The Indian Penal Code will soon be replaced by a new law. Photo: Reuters
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India, the world’s largest democracy, is on the precipice of a monumental shift in its legal landscape. Come July 1, the Indian Penal Code, a pillar of the nation’s criminal justice system since the early 1860s, will be consigned to the annals of history and replaced by the Bharatiya Nyaya Sanhita (BNS).

The BNS is touted by the Narendra Modi government as a groundbreaking piece of legislation. It is not. A closer examination of the proposed law reveals a troubling reality: the BNS is little more than a repackaged version of the IPC, with an estimated 75-80 per cent of its language lifted from its colonial-era predecessor. The BNS seems a lot like Modi’s capricious decision some years ago to declare 86 per cent of the circulating currency worthless overnight.

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The Indian Penal Code’s reach extends far beyond the borders of India, having been applied in numerous jurisdictions across Africa and Asia, including Nigeria, Malaysia, Singapore and Brunei. Its indirect impact can be found on the criminal codes of Canada and Australia. Even the United States Model Penal Code bears its imprint.

The hasty implementation of the BNS threatens to unleash a cascade of unintended consequences that could cripple India’s already overburdened criminal justice system, which has not been able to tackle increasing cybercrime and call-centre fraud. Lay-offs at call centres amid the adoption of AI-powered customer service solutions would only make matters worse.

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The combination of weakened law enforcement struggling with an apparently new criminal code and newly unemployed tech-savvy workers could unleash a further torrent of cybercrime that could have far-reaching consequences for the global community, particularly the United States, a preferred target for cybercriminals in India.
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