Kapil Sibal Raises Alarm: Bharatiya Nyaya Sanhita Bill Empowers ‘Draconian Police Powers for Political Ends’

New Delhi, August 12, 2023: Former law minister Kapil Sibal has raised serious concerns about the recently introduced Bharatiya Nyaya Sanhita Bill, which aims to replace the colonial-era Indian Penal Code (IPC).

Sibal asserted that the bill permits the utilization of “draconian police powers for political ends.” He also accused the government of harboring intentions to stifle opposition voices through such legislation.

Sibal’s apprehensions emerged in the wake of the Centre’s move to introduce a comprehensive revamp of criminal laws, presenting three bills in the Lok Sabha. These proposed replacements for the IPC, Criminal Procedure Code (CrPC), and Indian Evidence Act encompass the repeal of the sedition law and the introduction of a broader definition of the offense.

Union Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023 to replace the CrPC; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Evidence Act.

Highlighting his concerns, Sibal shared on Twitter, “Bharatiya Nyaya Sanhita (2023) (BNS) allows for using draconian police powers for political ends.” He underscored the provisions allowing police custody for extended durations and the introduction of new offenses to prosecute those deemed a threat to state security.

Sibal suggested that the primary agenda behind such legislation is to silence dissenting voices and curb political opposition. The BNS Bill introduces several changes, including an expanded scope of offenses against women and modifications to defamation and attempted suicide provisions.

The Home Minister, Amit Shah, has defended the changes, citing their aim to expedite justice. However, Sibal’s concerns reflect broader apprehensions about the potential misuse of legal frameworks for political gains.