According to the new laws, judgment in criminal cases has to come within 45 days of completion of trial and charges must be framed within 60 days of first hearing. (Image for representation: Getty)
With the three new criminal laws coming into effect, senior Congress leader P Chidambaram slammed the Centre and said it was another case of “bulldozing” existing laws and replacing them with three new bills without adequate discussion and debate
With the three new criminal laws coming into effect, a war of words has started between the BJP and the opposition parties with senior Congress leader P Chidambaram slamming the central government over the change. He said it is yet another case of “bulldozing” existing laws and replacing them with three new bills without adequate discussion and debate.
The BJP, meanwhile, hit back quoting Chief Justice of India DY Chandrachud’s views on the new criminal laws, when he said at a conference that the new justice system was a “watershed moment”. Senior party leader Amit Malviya said Justice Chandrachud, at a conference on April 20, said these laws have transitioned India’s legal framework on criminal justice into a new age.
“The status quoist Congress should realise that the newly enacted Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita and Bharatiya Saksha Adhiniyam – which seek to replace the colonial era Indian Penal Code (IPC), the Criminal Procedure Code (CrPC) and the Indian Evidence Act, will come into effect, starting 1st July 2024,” Malviya said in a post on X.
Justice Chandrachud, speaking (on 20th April 2024) at a conference on “India’s Progressive Path in the Administration of Criminal Justice System”, described the new criminal justice system as a “watershed moment for our society”. He also added that these laws have transitioned… https://t.co/HLJ6MIdfPQ— Amit Malviya (@amitmalviya) July 1, 2024
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act.
Chidambaram, however, wrote a lengthy post on social media saying in the long term, further changes must be made to the three laws to bring them in conformity with the Constitution and the modern principles of criminal jurisprudence.
“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.” “Yes, there are a few improvements in the new laws and we have welcomed them. They could have been introduced as amendments. On the other hand, there are several retrograde provisions. Some changes are prima facie unconstitutional,” he said.
The three criminal laws to replace the IPC, CrPC and Indian Evidence Act come into force today90-99 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
The senior leader said MPs who were members of the standing committee pored over the provisions and wrote detailed dissent notes to the three bills. He added that the government did not rebut or answer any of the criticisms in the dissent notes and there was no worthwhile debate in Parliament.
“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 replace them with three new Bills without adequate discussion and debate,” he said.
The initial impact will be to throw the administration of criminal justice into disarray, Chidambaram said. “In the medium term, numerous challenges to the laws will be instituted in various courts. In the long term, further changes must be made to the three laws to bring them in conformity with the Constitution and the modern principles of criminal jurisprudence,” he said.
Union home minister Amit Shah, who piloted the laws, had said the new laws will give priority to providing justice, unlike the British-era laws that gave primacy to penal action.
(With PTI inputs)
