India’s Legal System Welcomes New Criminal Laws Amidst Concerns and Criticisms

The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam replace colonial-era laws, stirring debates over their impact and implementation.

New Delhi — India’s legal landscape witnesses a seismic shift today as three new criminal laws take effect, replacing the century-old Indian Penal Code (IPC), Indian Evidence Act, and the Code of Criminal Procedure (CrPC). The Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA), and Bharatiya Nagarik Suraksha Sanhita (BNSS) aim to modernize and decolonize India’s criminal justice system. However, their implementation has sparked widespread concerns within the legal community.

Background and Implementation

The laws were passed by Parliament in December last year and received Presidential assent shortly after. Despite the clearance, the Union Government deferred their implementation, officially notifying on February 24 that they would take effect from July 1. These legislations aim to replace the IPC (1860), the Evidence Act (1872), and the CrPC (1973), marking a significant departure from colonial-era laws.

Legal Fraternity’s Concerns

The transition has not been smooth. Several prominent legal experts, State Bar Councils, and Bar Associations have voiced their apprehensions. The Bar Council of India assured the legal community last week that it would convey their concerns to the Union Government. It also proposed forming an expert committee to study the new enactments, appealing to lawyers to refrain from protests.

Critics argue that the new laws offer little in terms of substantive reform. They claim that most provisions from the old laws have been retained, merely renumbered and relabelled. This, they say, will cause unnecessary hardship for police, lawyers, and judges, who must learn the new sequence of familiar provisions. Additionally, concerns are raised about the parallel application of old and new laws for pending cases and offences committed before July 1, potentially leading to confusion and errors.

Key Changes and Criticisms

Under the BNSS, police custody can now extend up to 90 days from the previous 15-day limit under the CrPC, raising concerns about personal liberty. Chief Justice of India DY Chandrachud noted that the new laws would only create a positive impact if investments in infrastructure and capacity building for forensic experts and investigating officers are made promptly.

The BNS (Bharatiya Nyaya Sanhita) introduces 20 new offences, increases imprisonment sentences for 33 crimes, and mandates minimum punishments for 23 crimes. It also includes new provisions for crimes against women and children, enhancing penalties for gang rape of minors and introducing community service as a penalty for certain offences. However, it retains controversial elements like the marital rape exception and ambiguous provisions that critics fear could stifle freedom of speech.

Opposition and State Reactions

The laws were passed amid opposition protests and suspensions of MPs. Chief Ministers Mamata Banerjee of West Bengal and M K Stalin of Tamil Nadu sought to defer their implementation, citing procedural and substantive issues. Karnataka and Tamil Nadu objected to the titles of the laws, invoking Article 348 of the Constitution, which mandates that legislations introduced in Parliament must be in English.

The Uttar Pradesh government has approved an ordinance to make exceptions in anticipatory bail provisions and amend several public security laws in preparation for the new laws. The Ministry of Home Affairs has also issued a gazette notification assigning powers under the new laws to Lieutenant Governors in Union Territories.

First FIR Under New Laws

The first FIR under the Bharatiya Nyaya Sanhita was registered at Kamla Market Police Station in Delhi. A street vendor, Pankaj Kumar, was charged under Section 285 for obstructing a foot overbridge at New Delhi Railway Station. The case highlights the practical implications and immediate enforcement of the new laws.

Future Implications

As the new laws take effect, India’s legal community remains vigilant, monitoring their implementation and impact. While the government touts these changes as a move towards decolonization and modernization, the legal fraternity calls for careful examination and necessary amendments to ensure justice and fairness in the new legal framework.

Conclusion

The introduction of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam marks a historic moment in India’s legal history. However, the road ahead is fraught with challenges as the country navigates the transition from colonial-era laws to a new legal paradigm. The balance between modernization and maintaining judicial integrity will be crucial in determining the success of these reforms.