New criminal laws

THE three new criminal laws came into effect on Monday amid a verbal duel between the ruling BJP and the main Opposition party, the Congress. The former described the laws as a symbol of India’s progress and resilience, while the latter accused the government of getting them forcibly passed in Parliament after the suspension of 146 MPs. The Congress has declared that the INDIA bloc will not allow such ‘bulldozer justice’ to prevail in the parliamentary system. The government has repeatedly stressed that these statutes — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam — will give priority to providing justice and protecting rights, arguably in contrast to the draconian colonial laws which laid emphasis on penal action. However, the Opposition is not convinced. Nor are some legal experts, who have raised concerns over possible misuse of the laws.

There are also apprehensions about a surge in litigation in the form of appeals seeking re-evaluation of the existing cases (registered before July 1, 2024) or a review of the new legal framework. Even as a chaotic rollout is only to be expected, the government will find itself under increasing pressure to pay heed to suggestions made by various stakeholders and consider amendments to fine-tune the laws. Calls to scrap the statutes altogether will also get shriller.

The push for reforms to replace the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act seems well-intentioned, but it will be an onerous task for the BJP-led government — now a shadow of its former all-powerful self — to get everyone on board. Implementing the new laws is a huge challenge for law enforcement agencies, judicial officers and legal professionals. Litigants, too, will have to confront new complications. Clarity and transparency hold the key to reducing uncertainty as well as confusion. The powers that be will have to work very hard to prevent the fiasco of the three farm laws, which were repealed after a year-long protest by farmers. 

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