Three new criminal laws, the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023, have come into effect in India, replacing the Indian Penal Code (IPC), Code of Criminal Procedure (CrPc), and the Indian Evidence Act, respectively. These changes mark a significant shift in India’s criminal justice system, effectively ending colonial-era laws. The passage of these laws in Parliament last year was marked by controversy, with the suspension of 97 MPs during the debate. Since then, the implementation of these new laws has been met with a mix of praise and criticism from legal experts.
Many legal experts, including former Union Law Minister Ashwini Kumar, have criticized the government’s hasty approach, claiming that the laws were neither adequately discussed in parliamentary committees nor debated extensively in the House. Concerns have been raised about the lack of consultation with stakeholders and the potential for violations of civil liberties. Advocate Sumit Gehlot from Fidelegal Advocates highlighted the significant power granted to law enforcement agencies without sufficient checks and balances, expressing concern about the potential for abuses. He also criticized the new sedition law as being “draconian.”
Despite the criticisms, some legal experts have welcomed the changes. Dr Adish Aggarwala, senior advocate and chairman of the All India Bar Association, acknowledged the importance of addressing current challenges, citing the inclusion of provisions for classifying mob lynchings as a distinct crime and addressing hate crimes based on race, caste, gender, language, or origin. Geeta Luthra, a senior advocate of the Supreme Court of India, noted that the new laws incorporate summaries of many Supreme Court decisions, aiming to address criticism of delays in the legal system.
However, concerns remain about the potential impact of the new laws on the judicial system. Former Union Law Secretary PK Malhotra, highlighting the need for more consultation with stakeholders, argued that this would have allowed for the identification and rectification of potential deficiencies. He also emphasized that while states could modify the statutes, any changes would require approval from the President.
Advocate Aishwarya Kaushiq of BTG Advaya expressed concerns about the procedural irregularities in the passage of the bills in Parliament and the potential for increased litigation. She pointed out that the existing caseload may necessitate re-evaluation under the new laws, potentially exacerbating the judiciary’s backlog.
In response to widespread protests against the new laws, the Bar Council of India (BCI) passed a resolution urging bar associations to refrain from further demonstrations based on assurances from the Home Minister of potential amendments. The BCI plans to engage in discussions with the Central Government to address legal concerns and has requested bar associations and senior advocates to identify any unconstitutional or harmful provisions for constructive dialogue.
The implementation of these new criminal laws in India represents a significant shift in the country’s legal landscape. While some view the changes as necessary and long overdue, others remain wary of the potential consequences. Only time will tell the true impact of these new laws on India’s criminal justice system and the rights of its citizens.
