New Criminal Laws Have Bharat’s Soul And Spirit, Legal Fraternity Welcomes The Initiative: SCBA President Dr. Adish Aggarwala

Dr. Aggarwala has issued a letter today, pledging to make the new laws a success. He wrote, "The entire lawyer fraternity across the Bharat gratefully acknowledges and recognizes the beneficial aspects of the recast penal laws, and pledges its unstinted support and cooperation to make this historic effort of the union government a success".

The new legislations were applauded for aligning with the ethos and spirit of modern India. Dr. Aggarwala expressed gratitude towards Prime Minister Narendra Modi and Union Home Minister Amit Shah for their leadership in this initiative.

He has said in the letter, “Now, soul and spirit of the Bharath have been infused into the key criminal laws Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita that would replace the archaic and outdated Indian Penal Code, Code of Criminal Procedure and the Evidence Act. I take this opportunity first to thank the leadership and resolve of Prime Minister Shri Narendra Modji and Union Home Minister Shri Amit Shah.”

He added, “The implementation of provisions addressing current challenges, such as classification of mob lynchings as a distinct crime, including hate crimes on the basis of race, caste or community, gender, language or place of origin, implementing and supporting victims will be indispensable. Providing police and judicial staff with sensitivity training would help ensure that these cases are handled impartially and with respect for the trauma of victims.”

He applauded the reintroduction of adultery as a gender-neutral offense, promoting equality and strengthening the FIR registration process and ensuring time-bound case disposals. He said, “The lawyers also welcome the government’s decision to reintroduce adultery as a sex-neutral offence, which is in line with the principle of ‘equality’ and ‘non-discrimination’. We also welcome the improvements in FIR registration by police officers irrespective of the place of the offence and also the time-bound disposal of cases, thus strengthening not only the legal system but also bringing back the faith of citizens of our country.”

He mentioned the incorporation of stringent provisions against terrorism and prioritization of crimes against women, children, electoral crimes, and other vital national security concerns. He added, “The new changes encourage the use of forensic practices and methodology in investigations and the use of audio-visual setups and processes in search and seizures to improve evidence procurement and the legal process in general. Excessive reliance on forensic evidence also requires safeguards against abuse. Investigative abilities and the victim protection schemes and arrangements remain paramount.”

Bar Council of Punjab and Haryana

The Bar Council of Punjab and Haryana also by an open letter dated January 04, 2024, acknowledged the importance of the implementation of the three new criminal laws calling it “a commendable step towards fostering a more just and efficient legal system.”

The Council explained in pointers as to how the three laws would be progressive. It welcomed the government's decision to modernize colonial-era criminal laws. The letter said embracing contemporary legal principles like time-bound investigations, property attachment clarity, and enhanced punishments, the reforms will aim to safeguard citizen rights and foster a progressive legal system.

The letter signed by Raj Kumar Chauhaan, the Honorary Secretary of the Bar Council states, “Bar Council of Punjab & Haryana is certain that government's well-intentioned decision to replace colonial-era criminal laws is a positive step towards building a legal system that is relevant, efficient, and just. By acknowledging the changing dynamics of society and embracing modern legal principles i.e. time bound investigation, coherent attachment of property and proceeds, video recording, greater punishment for certain offences, community service clauses, IT-discovery friendly provisions etc, now authorities can better safeguard the rights of citizens, address merging challenges, and contribute to a fair and progressive legal landscape. The nuances, if any always remain open to discussion, and the legal fraternity of this region remains willing to assist governments to ensure effective legal framework, with an aim to better serve our citizens.”

Delhi High Court Bar Association

The Delhi High Court Bar Association has written a letter to the Prime Minister and the Union Home Minister praising the legislative intent and the endeavour to make the new laws. "A criminal justice system should be such, which should address the contemporary issues and should withstand the changes of time. Given the foresightedness which is exhibited while framing these legislations, we are confident that these three legislations will withstand the test of time", the Association has said in its letter.

"The inclusion of punishment for the offence of ‘Mob-lynching' and striking down the offence of Sedition is unprecedented, and it caters to the need of the hour. We have recently seen how NGOs and other individuals plead for mercy on behalf of the accused/s. The said approach is nipped in its bud by stating that the mercy petition can only be filed by an accused himself or herself; and not by any other person/organisation", says the letter signed by Sandeep Sharma, Secretary of the Association.

The Association says that a bare perusal of the legislations would showcase that there is a paradigm shift from “accused-centric” approach to a “victim-centric” approach and that technology and scientific knowledge are remarkably used, significantly in online tendering evidence by witnesses, including doctors. "These will ensure speedy justice and will give a valedictory to tareek-pe-tareek courts!", it says in the letter.