July 1st 2024.
New Delhi: The Indian legal community has been buzzing with mixed reactions following the introduction of three new criminal laws on Monday, which have replaced the British-era penal statutes. While some legal experts are applauding the laws as a significant step towards modernizing the criminal justice system, others are criticizing them as draconian and merely cosmetic changes.
The new laws, known as the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, have now come into effect across the country on July 1st, replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act respectively.
Senior advocate Abhishek Singhvi has expressed disappointment in the missed opportunity to bring about genuine reforms, instead seeing only superficial changes that ignore the crucial issue of mounting cases in courts, particularly in trial courts.
However, former Supreme Court Bar Association President Adish C Aggarwala has praised the new criminal laws as a significant step towards modernizing the criminal justice system and delivering timely justice. This sentiment is shared by senior advocates Mahesh Jethmalani, also a BJP MP, and Vikas Pahwa.
Constitutional law expert and senior advocate Rakesh Dwivedi disagrees with the notion that the new laws will pose challenges for lawyers and other stakeholders. He points to the successful implementation of other recent laws, such as the Insolvency and Bankruptcy Code, and believes that lawyers are well-equipped to handle any new challenges.
On the other hand, Congress MP and advocate Manish Tewari has a different perspective, calling the new laws pernicious and draconian in their implementation. This view is shared by activist lawyer Kamini Jaiswal, who describes them as a disaster.
Interestingly, the Bar Council of India, the apex body for lawyers, has come out in support of the new laws and has urged all bar associations to refrain from protesting their implementation.
One of the significant changes brought about by these new laws is the introduction of specific timelines for trials and verdicts. Former SCBA President Adish C Aggarwala praises this change and credits Prime Minister Narendra Modi and Union Home Minister Amit Shah for decolonizing the British-era criminal laws.
According to the new laws, judges must deliver their verdict within 30 days of completing arguments, with the option to extend this period to 45 days with a written explanation.
Mahesh Jethmalani points out that the opposition parties fail to understand that these laws benefit everyone, including the prosecution, victims, and criminals. He also challenges their criticism, stating that they have not analyzed the provisions thoroughly.
Vikas Pahwa also sees the positive aspects of the new laws, particularly in their implementation of technology. He believes that the use of technology will expedite trials if the laws are followed in the right spirit.
However, Abhishek Singhvi believes that the opportunity to bring about genuine reform has been squandered, and the changes are merely cosmetic. He also expresses concern that the judges are already struggling with a backlog of cases and that tinkering with the laws may create more delays.
When asked about the implementation of the new criminal laws, Kamini Jaiswal describes it as a disaster, questioning who benefits from these changes. Manish Tewari also expresses concerns about the parallel systems that will now be in place, with cases registered before June 30, 2024, being prosecuted under the old system and those registered after under the new system. He believes that this will cause confusion, particularly with the backlog of 3.4 crore cases.
Former Law Minister and senior advocate Ashwini Kumar also weighs in on the controversy, noting that while technology may be used, the laws themselves have not brought about substantial changes.
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