NEW DELHI
India replaced colonial-era criminal laws on Monday with new legislation that Prime Minister Narendra Modi's government said would make the country fairer but the opposition said risked destabilizing the criminal justice system.
The new laws were approved by parliament in December, under Modi's previous term, with the government saying they were about “delivering justice, not punishment.” They were necessary, it said, because colonial laws had been at the heart of the criminal justice system for more than a century.
Among the major changes is the replacement of the Sedition Act, which was frequently used as a tool of repression after it was enacted under British colonial rule to imprison Indian freedom fighters.
Under the new laws that replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure, sedition is replaced by a section on acts deemed to “endanger the sovereignty, unity and integrity of India”.
“About 77 years after independence, our criminal justice system becomes completely indigenous and will function as per Indian ethics,” India's Home said [interior] Minister Amit Shah told reporters: “Instead of punishment, there will now be justice.”
Criminal cases registered under the repealed laws before Monday will continue to follow them, Shah said, adding that the first case registered under the new law was that of a motorcycle theft in the central city of Gwalior, registered 10 minutes after midnight.
“The laws were debated for three months… It is not right to give political colour to this great improvement that is happening after centuries. I request the opposition parties to support this legislation,” Shah said.
Opposition Congress MP P. Chidambaram said the previous parliamentary session did not hold any “meaningful debate” before the laws were passed.
He said the new laws brought only marginal improvement, which could have been introduced as amendments to existing laws.
“The initial impact will be to throw the administration of criminal justice into disarray,” he wrote on X.
The Indian Express newspaper said in an editorial that criminal justice reform should not be “a one-off solution or one that just happens on the books”, and called for police reform and plugging gaps in the justice infrastructure.
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