Today(on July 1),Three new criminal laws, namely Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), have replaced British-era statutes to modernize India’s criminal justice system, replacing key legislations like the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.
Thank you for reading this post, don't forget to subscribe!
DELHI: Today(on July 1), Three new criminal laws replaced the British-era penal statutes in India, generating a range of reactions from the legal community. These laws—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—have been introduced to update and modernize the criminal justice system, replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
Mixed Reactions from Legal Experts
The new laws have been hailed by some as a “significant step” towards modernizing the criminal justice system, while others have criticized them as “draconian” and merely “cosmetic.”
Senior advocate Abhishek Singhvi expressed disappointment, stating-
“Genuine opportunities for reform have been squandered, with new laws focusing on superficial changes rather than addressing the critical issue of extensive case backlogs in courts, particularly at the trial level.”
Conversely, senior advocate and former Supreme Court Bar Association (SCBA) president Adish C Aggarwala praised the new laws, describing them as a significant step towards modernizing the criminal justice delivery system and ensuring time-bound justice.
He emphasized-
“One significant change introduced by the new laws is the establishment of specific timelines for conducting trials and issuing verdicts.”
and commended Prime Minister Narendra Modi and Union Home Minister Amit Shah for their efforts to decolonize British-era criminal laws.
This positive sentiment was echoed by senior advocates Mahesh Jethmalani, who is also a BJP MP, and Vikas Pahwa, both of whom supported the new legislation.
However, not all views were favorable. Advocate and Congress MP Manish Tewari criticized the new laws, calling them “pernicious in nature, draconian in their implementation.” Activist lawyer Kamini Jaiswal agreed with Tewari, labeling the new statutes as a “disaster.”
ALSO READ: New Criminal Laws | Latest Avatar of CrPC-BNSS Gets a Huge Digital & Tech Boost
Support from the Bar Council of India
Significantly, the apex lawyers’ body, the Bar Council of India (BCI), has supported the new laws. Recently, the BCI urged all bar associations across the country to refrain from any immediate agitation or protest against the implementation of the new criminal laws.
Key Changes in the New Laws
Among the various changes introduced by the new laws, one of the most notable is the establishment of specific timelines for trials and verdicts.
According to Adish C Aggarwala-
“After hearing arguments, judges are required to deliver judgments within 30 days from the completion of arguments. This period can be extended to 45 days if reasons are documented in writing.”
This change aims to expedite the judicial process and reduce the backlog of cases in the courts.
As India rolls out sweeping criminal justice reforms with the enactment of new laws starting today, a cloud of controversy and critique has gathered around their potential impact. Prominent legal voices from across the spectrum have raised concerns about the changes, highlighting the nuanced balance of technological advancement against the risk of increased legal backlogs.
Senior advocate Jethmalani expressed skepticism about the opposition’s grasp of the reforms, stating-
“I don’t understand what the issue with the provision is. They seem to be making arbitrary statements without analyzing the specific provisions.”
His comment underscores a perceived disconnect between the reforms’ intentions and their reception among critics.
Advocate Pahwa took a more balanced view, acknowledging the dual nature of the reforms:
“I believe there are several positive aspects to consider when viewing the provisions as a whole. However, there are also drawbacks. Perhaps the most significant benefit is the integration of technology, which will now oversee the entire criminal justice system.”
He optimistically noted that –
“Trials will expedite significantly if the laws are adhered to in their true spirit.”
highlighting the potential for these reforms to streamline judicial processes.
However, the reforms have not been without their detractors. Advocate Singhvi pointed out the superficial nature of some changes, remarking-
“This is an opportunity for genuine reform. However, what has occurred instead are cosmetic changes—90% remains unchanged, with only numbers and a few words altered here and there.”
He further lamented the ongoing struggle with judicial backlog-
“Our lower courts have approximately 3.5 to 4 crore pending cases, our High Courts have around 60 lakh pending cases, and the Supreme Court has about 75,000 to 80,000 pending cases.”
Singhvi also highlighted the unintended consequences of minor legal modifications:
“Even a minor change like altering a comma or a full-stop in the law can provide an opportunity for a skilled prosecution or defense lawyer to argue that centuries of case law on that provision have been overturned. This concern is that even slight alterations could lead to a significant increase in pending cases.”
Activist lawyer Kamini Jaiswal was stark in her criticism:
“I see it as a disaster. I don’t understand who benefits from this—not the common people, not the lawyers, not the investigating agencies. It seems like the government should consider other priorities, such as addressing unemployment.”
She criticized the amendments to the CrPC in 2013 and the potential language barriers in court proceedings-
“What are they trying to prove? This seems like an exercise in arrogance. What about people who don’t know Hindi? Judges insist on using old terms. Local courts use local languages, which could cause delays in delivering justice.”
ALSO READ: Centre to Amend BNS for Sexual Crimes Against Men and Transgender People
Echoing the sentiments of confusion was Tewari, who detailed the logistical nightmares posed by transitioning systems:
“Starting today, two parallel systems will be in operation. Cases registered before midnight on June 30, 2024, will be prosecuted under the old system, while those registered after will follow the new system. With 3.4 crore pending cases, mostly criminal, confusion is inevitable.”
Former Law Minister and senior advocate Ashwini Kumar summed up the situation with a focus on the inefficacy of the reforms to bring substantial change-
“Many have voiced the opinion that there has been no substantial change, despite the integration of technology. While this aspect is acknowledged, the core substance remains largely unchanged.”
“Strict provisions have been made in the new criminal law to deal with crimes against women, children and transgenders. Crime has also been defined. Provisions like death penalty have been made in cases of gang rape and rape of a minor below 12 years of age. Trafficking of children has been included in the category of serious crime. The victim will also have to give regular updates. Arrangements for free first aid and medical treatment have also been made for women and children.”
-Rohit Pandey Advocate, Supreme Court of India