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HomeLawNew criminal statutes have not decolonised the law: Justice S Muralidhar

New criminal statutes have not decolonised the law: Justice S Muralidhar

However, the fight must go on, Dr Muralidhar stated, highlighting that the new criminal laws address none of the issues mentioned in the Law Commission’s 277th report on compensation for those maliciously prosecuted.

He pointed out that Section 358 of the Indian Penal Code (IPC) which gives a mere â‚ą1,000 as compensation for wrongful arrest, has been retained in Bharatiya Nyaya Sanhita (BNS). Section 211, which deals with framing of a false case, also offered little or no compensation and has also been retained in the new law, he highlighted.

“It does not talk of encounters, of disappearances, it does not talk of mass crimes. It does not talk of crimes against humanity. The new laws don’t address the real issues where human rights violations are taking place with impunity in our country. It is not just about the IPC but a string of special and local laws,” Dr Muralidhar said.

Source: Barandbench

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