‘Enactment Of New Criminal Laws Is A Waste’

Senior Congress leader and former Home Minister P. Chidambaram recently expressed his views regarding the enactment of three new criminal laws, labeling the exercise a “waste” that has only resulted in confusion within the administration of justice, affecting judges, lawyers, and the police. Chidambaram’s comments came shortly after Union Home Minister Amit Shah described the enactment of these laws as the most significant reform in independent India, asserting that they would make the judicial process not only affordable and accessible but also simpler, time-bound, and transparent.

Chidambaram criticized the government for repeatedly claiming that the three Criminal Law Bills, which have now become Acts, represent the biggest reforms since Independence, stating that “nothing can be farther from the truth.” He pointed out that he had submitted a dissent note to the Parliamentary Standing Committee that examined the three Bills, which is now part of the Report tabled in Parliament. In his dissent note, Chidambaram compared the sections of the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act with the corresponding new Bills, asserting that 90-95% of the IPC, 95% of the CrPC, and 99% of the Evidence Act have been “cut and pasted” into the new Bills.

Chidambaram emphasized that his assertion in the dissent note was not challenged in Parliament or elsewhere, reinforcing his stance that the new Bills, now Acts, are predominantly a “cut and paste” exercise, with only a few new provisions added, some of which are acceptable while others are not. He reiterated that the entire exercise was a waste, contributing to confusion in the administration of justice among judges, lawyers, and the police.

On June 30, Monday, during an event marking one year since the rollout of the three criminal laws, Shah highlighted that the Narendra Modi government had framed the new laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—to ensure that all citizens’ rights are protected and that no criminal goes unpunished. Shah stated that since all processes are now online, nothing would be overlooked, and justice would be delivered in a timely manner.

He asserted that these laws are poised to significantly transform the criminal justice system in the country, assuring all citizens of India that it would take a maximum of three years for the full implementation of the new laws. Shah confidently claimed that anyone could seek justice up to the Supreme Court within three years of filing a First Information Report (FIR).

The BNS, BNSS, and BSA have replaced the colonial-era Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872, respectively. The new laws officially came into effect on July 1, 2024. Chidambaram’s critique of the government’s approach to these reforms raises important questions about the effectiveness and clarity of the new legal framework, as well as its potential impact on the justice system in India. As the debate continues, the implications of these changes will likely be closely monitored by legal experts, practitioners, and the public alike, as they navigate the evolving landscape of criminal law in the country.