New criminal laws passed by Parliament draw mixed response from legal eagles

New Delhi [India]: Both Houses of Parliament have passed the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bills — replacing the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898 and the Indian Evidence Act of 1872, respectively — the three Bills this week.

According to the government, the new bills are formulated for the welfare of the citizens and serve them justice in a real sense, with an intent to overhaul the colonial laws.

In regards to new bills, the Government said that this process of reform in the laws of the criminal justice system was started in 2019. Suggestions in this regard were sought from various stakeholders. A total of 3200 suggestions were received, 18 States, 06 Union Territories, the Supreme Court of India, 16 High Courts, 27 Judicial Academies – Law Universities, Parliament members, IPS officers, and police forces also sent suggestions. The Home Minister held more than 150 meetings. These suggestions were thoroughly discussed in the Home Ministry.

Former Union Law Secretary PK Malhotra in a statement issued to ANI said after four years of deliberations with the judiciary, academia and other stakeholders, the government has come out with new legislation replacing the British-era laws.

“The new laws are more reform-oriented than punishment-oriented. The new laws prescribe specific timelines for investigation, trial and pronouncement of judgment. These laws also make provision for the use of technology and forensic science in investigating crimes, maintenance of digital records, furnishing of lodging of information,” he said.

He further said that the laws will also help in reducing the burden on prisons.

“For less serious offences, provision for community service instead of imprisonment is a welcome reform. It will also help in reducing the burden on prisons. Provision for higher punishment is being made for crimes against women and children, mob lynching and terrorism given the pendency in courts and the present strength of judges, achieving the timelines for disposal of cases in the time frame prescribed in new legislation appears to be an ambitious plan,” said PK Malhotra.

However, not everyone is convinced about the complete overhaul and content of the proposed laws.
Advocate Sumit Gehlot, a prominent voice in constitutional matters while talking to ANI said, “In the Bills Law Enforcement Agencies have been given unfettered powers without checks and balances and safeguards and safety provisions have been ignored, which will be prone to misuse.”

Advocate Gehlot further said that the new sections on sedition, UAPA and false arrest and ‘Gay Sex’ in these three new bills will be misused by the Police.

“Reforms were required in the existing criminal colonial Laws but not in this manner. Notably, these bills have been passed in the Lower House and Upper House of Parliament without proper debate,” he added.

Bharati Ramachandran, CEO, of the Federation of Indian Animal Protection Organizations (FIAPO), “The glaring omission of any provision to prosecute cases of animal sexual assault in the revised version of the Bharatiya Nyaya Sanhita 2023, which was tabled and passed by the Lok Sabha in the winter session of Parliament, raises significant concerns. This is especially so given the findings in the 2021 FIAPO report ‘In Their Own Right-Calling for Parity in Law for Animal Victims of Crimes’, which states animal sexual abuse occurs at a rate comparable to human rape cases. With no specific provision for punishment, we are currently in a legal vacuum where perpetrators of such crimes can evade accountability.”

Bharati Ramachandran also said that urgent action is needed to rectify this loophole by tabling and passing the Prevention of Cruelty to Animals (PCA) Amendment Bill 2022, which incorporates a dedicated provision to address sexual abuse against animals. Until then, animals remain vulnerable to a lack of legal protection for these heinous acts.