Bar Council of Delhi writes to Home Ministry, says parts of new criminal laws ‘atrocious’

HomeIndia NewsBar Council of Delhi writes to Home Ministry, says parts of new criminal laws ‘atrocious’

Three new criminal laws came into effect in the country on Monday (July 1), bringing far-reaching changes in India’s criminal justice system.

By Ashmit Kumar  July 1, 2024, 10:54:01 AM IST (Published)

The Bar Council of Delhi on Monday (July 1) wrote to the Home Ministry batting for deferring the implementation of three new criminal laws amidst red flags.

The Bar Council said the new criminal laws are in “total defiance” and there is “utter disregard” of Constitutional principles. The council flagged likely “rampant abuse of power” by police under new laws and termed parts of bills as “atrocious”.

Three new criminal laws came into effect in the country on Monday (July 1), bringing far-reaching changes in India’s criminal justice system.

The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) take into account some of the current social realities and modern-day crimes. The new laws replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

The Bar Council’s concerns:

Under new criminal laws, police will become more authoritative, and rampant abuse of power is likely.
Enlargement of police custody from 15 to 60-90 days is atrocious and oppressive.
The Supreme Court has held solitary confinement as violative of human rights as introduced under the new criminal code.
The Centre is looking to usurp powers of the Delhi government and to keep the public prosecutor under its thumb. The Public prosecutor is an independent institution and not a spokesperson of the police or the government.
The laws must be comprehensively discussed to make new laws consistent with the Constitution.

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