India has finally adopted three new criminal laws effected from today. The decades-old Indian Penal Code (IPC 1860), the Evidence Act(1872), and the Code of Criminal Procedure 1973, have been replaced by the Bharatiya Nyaya Sanhita(BNS), the Bharatiya Sakshya Adhiniyam (BSA), and the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Notably, these laws were approved by Parliament in December of the previous year. Despite receiving Presidential assent that same month, the Union Government postponed their implementation. Later in February, the Government announced that the laws would take effect starting July 1.
The implementation of these new criminal laws is in a conflicting situation currently as the opposition party is strongly criticizing them. The opposition is continuously accusing the central government of forcibly implementing these laws. Various opposition leaders have expressed their concerns over social media platforms. Here’s how they expressed their concerns:
‘Cut, copy, and paste Job’: P Chidambaram
Senior Congress leader P Chidambaram criticized the government, claiming that the majority of new laws are essentially ‘cut, copy, and paste’ efforts. He suggested that these laws could have been adequately addressed with just a few amendments.
Expressing strong words on X, P Chidambaram said, “The three criminal laws to replace the IPC, CrPC and Indian Evidence Act come into force today. 90-99 per cent of the so-called new laws are a cut, copy and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise.” The Congress leader also accused that some changes in the criminal justice system are ‘prima facie unconstitutional’.
“On the other hand, there are several retrograde provisions. Some changes are prima facie unconstitutional. MPs who were members of the Standing Committee have poured over the provisions and written detailed dissent notes to the three Bills. The government did not rebut or answer any of the criticisms in the dissent notes. There was no worthwhile debate in Parliament,” he added. Further, he also accused the government of ignoring the grave deficiencies in the three laws despite it being pointed out by law scholars, bar associations, judges and lawyers.
“Law scholars, Bar Associations, judges and lawyers have in numerous articles and seminars pointed out the grave deficiencies in the three new laws. No one in government has cared to answer the questions. It is another case of bulldozing three existing laws and replacing them with three new Bills without adequate discussion and debate,” he said.
The three criminal laws to replace the IPC, CrPC and Indian Evidence Act come into force today
90-99 per cent of the so-called new laws are a cut, copy and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a…
— P. Chidambaram (@PChidambaram_IN) July 1, 2024
‘Soul Of Indian Democracy Is At Stake’: Supriya Sule
NCP leader Supriya Sule asserted that the new laws represent a serious danger to civil liberties and democratic freedoms. Taking to X, she said, “The recently enacted Criminal Law Bills were railroaded in the Parliament without any discussion, and they unfortunately come into effect today, posing a significant threat to civil liberties and democratic freedoms. By expanding police authority, extending remand periods, permitting solitary confinement, and diminishing judicial oversight, the NDA government is establishing a repressive police state. The soul of Indian Democracy is at stake and we cannot afford to be silent. The 18th Lok Sabha must urgently reconsider these Criminal Law Acts to ensure they align with the principles enshrined in the Constitution.”
The recently enacted Criminal Law Bills were railroaded in the Parliament without any discussion, and they unfortunately come into effect today, posing a significant threat to civil liberties and democratic freedoms. By expanding police authority, extending remand periods,…
— Supriya Sule (@supriya_sule) July 1, 2024
‘Highly Regressive’: Sagarika Ghose
TMC MP Sagarika Ghose said that the new laws are highly regressive. She stated on X, “Reposting on the day that the highly regressive new criminal laws of the National Disaster Alliance government come into effect. The new laws and the old IPC will continue at the same time because crimes can’t be judged retrospectively. Result= complete mess in the judicial system.” She also claimed that there are provisions to escalate incidents into terror cases which is concerning and may be misused.
Reposting on the day that the highly regressive new criminal laws of the National Disaster Alliance government come into effect. #BNS #BNSS #BSA. The new laws and the old IPC will continue at the same time because crimes can’t be judged retrospectively. Result= complete mess in… https://t.co/M4kabjcBpk
— Sagarika Ghose (@sagarikaghose) July 1, 2024
