“The Final Hurrah for the Crime Control Paradigm?”, 7 October 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: 7 October 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 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 Court's Selvi decision invalidating narcoanalysis and brain-mapping remains relevant. Baxi argues the bill fails to address police interrogation cultures creating unreliable confessions. He suggests examining Britain's Police and Criminal Evidence Act 1984 as a model, emphasizing that constitutionalization of criminal justice requires stronger protections for accused persons' rights. In India Legal.
Repository Details
Part of the NLS Law and Society Archives Repository