Upendra Baxi

Abstract Prof. Upendra Baxi examines the Bharatiya Nagarik Suraksha Sanhita's proposed changes to criminal procedure, emphasizing digital technology and timelines for investigations. While welcoming efficiency measures, he questions whether digital dependence exacerbates inequality given India's digital divide—urban areas have 70% internet penetration versus lower rural coverage. Baxi warns that "democratization of disempowerment" continues despite technological advances, with 338,000 officers...

Abstract Prof. Upendra Baxi critiques the Bharatiya Nyaya Sanhita Bill's approach to crime and punishment, particularly its replacement of sedition with broader offenses "endangering sovereignty." He argues this widens prosecutorial scope beyond judicial safeguards, creating chilling effects on media freedom. The organized crime provisions lack precise definitions, risking strict liability for innocent persons. While acknowledging the need to address mob lynching, Baxi notes the bill requires proving...

Abstract Prof. Upendra Baxi examines the Bharatiya Sakshya Bill's changes to evidence law, particularly regarding electronic evidence. While digital evidence provisions modernize admissibility standards, Baxi questions inconsistencies with Information Technology Act definitions and inadequate privacy protections. He criticizes continuation of colonial-era confession provisions allowing confessions obtained through deception, intoxication, or without warnings about self-incrimination. The Supreme...