A petition has been filed in the Supreme Court challenging the constitutionality of provisions in the new criminal laws, including the Bharatiya Nyaya Sanhita 2023. Advocate Vishal Tiwari argues these laws violate fundamental rights, citing excessive police powers and longer detention periods. The plea seeks judicial review and striking down of specific sections as unconstitutional.
Delhi Police achieved their first conviction under the Bhartiya Nyaya Sanhita (BNS) laws, sentencing 20-year-old Neeraj to three months’ imprisonment for burglary. After stealing valuables from a residence, Neeraj was arrested using CCTV evidence. This case, marking a significant legal milestone, showcases the enforcement of the new criminal laws.
Justice Swarana Kanta Sharma of the Delhi High Court lauded the new criminal laws for reflecting Indian values, particularly the Hindu principle of repentance. She emphasized the shift from punishment to justice, citing the incorporation of community service for minor offenses. Sharma’s support for the laws stems from their alignment with Indian culture.
On Friday(19th July),the Madras High Court criticized the Centre for not consulting the Law Commission before introducing three new criminal laws to replace the IPC, CrPC, and Indian Evidence Act. This came as the court admitted a writ petition by DMK’s RS Bharathi, challenging the constitutionality of the new laws.
Delhi lawyers to boycott judicial work on July 15 to protest newly introduced criminal laws. They contest extended police custody and public disclosure of arrested individuals’ details as violations of human rights and privacy. The legal community seeks to draw attention to these concerns and pressure lawmakers to reconsider or amend the laws.
Today, On 9th July, Congress leader P. Chidambaram supports the formation of a committee in Tamil Nadu to suggest amendments to new criminal laws, noting that state legislatures have the authority to make such changes. This move aligns with the constitutional competency of state legislatures to amend criminal laws, emphasizing the significance of the Concurrent List in India’s federal structure.
The Tamil Nadu government today has formed a one-man committee to suggest changes to new criminal laws. Chief Minister MK Stalin urged the committee to consult stakeholders and submit a report within a month. The laws, criticized for lack of proper discussion, sparked protests nationwide. Karnataka also seeks state-level amendments. The Union Government passed the laws in haste and without proper consultation.
Today, On 1st July, India’s Home Minister, Amit Shah, has unveiled three new criminal laws that prioritize justice over punishment, marking a departure from colonial-era statutes. These laws aim to streamline legal processes, ensure swifter justice delivery, and prioritize rehabilitation over stringent penalties. The reforms highlight a significant shift towards a more responsive and inclusive legal framework in India, addressing contemporary societal needs and evolving criminal challenges.
The Centre has confirmed that three new criminal laws—BNS 2023, BNSS 2023, and BSA 2023—will replace the IPC, CrPC, and Indian Evidence Act from July 1, 2024, to modernize India’s criminal justice system. These laws represent a significant shift, addressing contemporary crime dynamics and incorporating global best practices.
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Today, On 26th June, The Bar Council of India urged the suspension of new criminal laws amid nationwide protests, emphasizing the need for careful reconsideration due to public dissent. Legal experts have expressed serious concerns about the potential threats to fundamental rights and democratic principles. The BCI plans to engage with the government and appeal for temporary halting of protests for dialogue.