India is poised to undertake a landmark revision by amending three laws from the colonial era: the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The Central Government has issued a notification stating that three recently enacted criminal laws will come into force on July 1st, 2024.
Today, On 29th May, The Kerala High Court examined a PIL challenging the use of Hindi names for new criminal laws, questioning if Parliament-mandated laws must be named in English. Article 348 of the Indian Constitution is under scrutiny, with advocate PV Jeevesh arguing that this naming violates constitutional provisions. The next hearing is scheduled for July 26.
Former Supreme Court Judge Navin Sinha advocated for comprehensive criminal law reforms to ensure swift justice, emphasizing the need for modernization in the legal framework while balancing stringent laws with human rights protections. He highlighted the significance of training for judges and police officers. New criminal laws praised for addressing societal standards and expediting justice delivery.
The Supreme Court set to hear a plea challenging new criminal legislation, questioning its constitutionality and potential impacts on fundamental rights. The laws, known as the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act, have raised concerns about police powers and violations of citizen rights, leading to a significant judicial review.
The Supreme Court Today (May 17th) sought the Centre’s stand on a petition challenging the marital rape exception under the new criminal laws. A bench headed by CJI D Y Chandrachud issued notice on the petition by the All India Democratic Women’s Association (AIDWA) and said it would be listed for hearing in July along with other petitions seeking to criminalise marital rape.
Today, On 3rd May, The Supreme Court emphasized legal reforms within the Bharatiya Nyaya Sanhita to address cruelty against women, urging the Centre to review sections 85 and 86 to prevent exploitation. The focus on strengthening legal frameworks aims to enhance protections for women and prevent misuse, promoting fairness and efficiency in legal proceedings.
Vice-President Dhankhar emphasized urgent reforms in India’s arbitration system, agreeing with criticism from Chief Justice Chandrachud. He urged for institutional strength in driving systemic changes and envisioned India as a global arbitration hub. Additionally, he highlighted new criminal laws moving away from colonial past and stressed on the underutilization of legal expertise in the Rajya Sabha.
The Bar Council of India (BCI) announced a pivotal initiative on Wednesday (21 Feb) to help legal practitioners adapt to new criminal codes. This includes a time-bound plan to implement new laws, replacing outdated ones from the 19th century. The BCI aims to support practitioners with comprehensive training and upskilling programs for a smooth transition.
