“Crime & Punishment: Between Mood Swings of Reform”, 25 September 2023
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 25 September 2023
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
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 acts committed "on the ground of" specific identities, potentially excluding religion and custom. He warns against over-criminalization and enhanced punishments, urging the Parliamentary Committee to balance crime control with due process and ensure compliance with international human rights obligations. In India Legal.
Repository Details
Part of the NLS Law and Society Archives Repository