The Bar Council of Delhi has requested Union Home Minister Amit Shah to delay implementing three new criminal laws introduced by a BJP MP. These laws, aimed at modernizing justice delivery and replacing British-era legislation, have raised concerns among legal authorities, prompting calls for their enforcement to be postponed.
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NEW DELHI: The Bar Council of Delhi has reached out to Union Home Minister Amit Shah, urging him to postpone the implementation of three newly introduced criminal laws by BJP MP. These laws, which signal a significant departure from British-era legislation, aim to prioritize justice delivery. However, their swift passage in both the Lok Sabha and Rajya Sabha during the Modi 2.0 government has triggered concerns among legal authorities, leading to calls for a delay in their enforcement.
Set to be enforced from July 1, 2024, the three laws—Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023—represent a substantial modernization of India’s legal framework. Despite their progressive intentions, the Bar Council of Delhi has raised several significant issues regarding their potential impact on the justice system and constitutional principles.
Concerns Raised by the Bar Council of Delhi
The Bar Council of Delhi has expressed that the implementation of these new laws contradicts judgments of the Supreme Court.
“These amendments blatantly defy and show complete disregard for Constitutional principles and the verdict of the Hon’ble Apex court.”
-the Bar Council stated in their letter.
One of the most controversial changes involves the extension of the police detention period from 15 to 60/90 days under the new code, which the Council described as “atrocious and oppressive to say the least.”
Additionally, the Council criticized the provision allowing police to handcuff individuals without court permission, stating-
“The authority to handcuff without court permission sends a message of state intimidation to the public.”
This measure, according to the Bar Council, poses a severe threat to civil liberties and could lead to widespread misuse by law enforcement authorities.
Need for Approval from the New Government
Another critical point raised by the Bar Council is that these laws were passed by the previous government and should not be implemented without the endorsement of the newly elected bodies. Following the 2024 Lok Sabha elections, a new government, often referred to as Modi 3.0, has taken office.
The Bar Council emphasized-
“A new government has assumed office at the Centre.”
highlighting the necessity for the current administration’s sanction and approval before such significant legal changes are enforced.
Solitary Confinement and Human Rights Violations
One of the most alarming aspects highlighted by the Bar Council is the introduction of solitary confinement under the new code. The Council pointed out that the Supreme Court has previously deemed solitary confinement a violation of human rights.
“The Supreme Court has deemed solitary confinement a violation of human rights, yet the government has introduced it under the new Code.”
– the Bar Council noted.
This move, they argue, directly contradicts established human rights protections and could lead to severe repercussions for the affected individuals.
Call for Action
The Bar Council of Delhi’s plea to Amit Shah underscores the urgency and gravity of their concerns. They are advocating for a thorough review and reconsideration of these laws to ensure they align with constitutional principles, Supreme Court judgments, and human rights standards. The Council’s appeal reflects a broader call within the legal community for a more deliberate and consultative approach to legal reforms that significantly impact the justice system and civil liberties in India.
India is on the brink of a major overhaul in its criminal justice system as it prepares to implement three new laws on July 1, which aim to replace the longstanding British-era legal frameworks. This historic shift is marked by the introduction of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, set to supersede the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.
ALSO READ:“New Criminal Laws Ensures Cases are Resolved Within 3 Years of FIR”: Home Minister Amit Shah
Major Reforms Introduced by New Legislation
These transformative laws introduce a series of significant changes aimed at expediting and enhancing the transparency of the criminal justice process. Key reforms include:
- A mandate for criminal judgments to be delivered within 45 days post-trial, with charges required to be framed within 60 days from the initial hearing.
- Special provisions for rape victims, whose statements must now be recorded by a female officer in the presence of a guardian or relative, with mandatory medical reports issued within seven days.
- Enhanced victim protection measures, such as recording statements through audio-video means to ensure transparency in rape investigations.
- Definitions for organized crimes and acts of terrorism have been updated, and the outdated notion of sedition has been replaced with treason. Additionally, video documentation for all search and seizure operations is now compulsory.
Focused Protections for Vulnerable Groups
The laws also introduce stringent protections for women and children, with severe penalties such as the death sentence or life imprisonment for gang rape of minors. The legal framework prioritizes offences against women, children, and the state above others.
- Newly defined crimes include the false promise of marriage leading to sexual exploitation, gang rape of minors, mob lynching, and chain snatching.
- Another notable inclusion is the provision against abandonment of women under false pretenses of marriage.
Facilitating Reporting and Improving Response Time
The modernization of the reporting process is another cornerstone of these laws:
- Individuals can now report crimes via electronic communications, bypassing the need for physical visits to police stations.
- The introduction of Zero FIR allows the filing of a First Information Report (FIR) at any police station, irrespective of jurisdiction.
- Rights are enhanced during arrests, allowing detainees to inform a person of their choice about their situation.
Moreover, specific demographics, including women, minors under 15, seniors over 60, and those with disabilities or severe illnesses, are exempt from needing to physically appear at police stations, where they can instead receive police services at home.
Amidst these changes, the Bar Council of Delhi has raised concerns, accusing the Central Government of an overreach in power.
They claim-
“The Central Government aims to usurp the powers of the Delhi Government by controlling and potentially influencing the Public Prosecutor.”
This statement highlights the tension between national reforms and local governance, underscoring the broader impacts of these sweeping legal changes.
