New criminal laws will create "a prosecutorial nightmare and a Disneyland for defence councils i.e. a potential mess" https://thewire.in/video/new-laws-will-create-prosecutorial-nightmare-and-a-disneyland-for-defence-councils-says-sc-lawyer Jul 2, 2024
Nipun Saxena, says the new criminal laws will create “a prosecutorial nightmare and a Disneyland for defence councils”.
the new laws could create “a police state” where the police can seek remand for longer periods, handcuffs can be used for a new category of offenders called repeat offenders, a term so far not recognized by the courts, where the police can conjure up witnesses who are presented as voluntary witnesses, a new category created by the laws, and where the police will decide what is or what is not a proceed of crime and can therefore be attached.
Incidentally, Nipun Saxena explicitly makes clear but he does not accept Home Minister Amit Shah’s assurance that police remand cannot exceed 15 days. He argues that critical provisions of the old law, which restricted police remand to 15 days, have been dropped from the new law. In fact, he points out, the new law makes it easier for the police to seek extended remand than even the terms of UAPA.