Bar Council Of Delhi's Vice Chairman, Secretary, Members Urge Union Home Minister Not To Implement Three Criminal Laws

The Vice Chairman, Secretary and two members of the Bar Council of Delhi (BCD) have written to Union Home Minister Amit Shah urging him not to implement the three criminal laws- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya.

The new laws will be enforced with effect from July 01, replacing the existing Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act.

The letter has been written by Bar Council of Delhi's Vice Chairman, Sanjeev Nasiar; Secretary, Kumar Mukesh; Former Chairman and Member, KC Mittal and Ex-Vice Chairman and Member, Himal Akhtar.

“Essentially, the Rule of Law is prosecution not persecution based on fair and independent investigations; we are afraid that this is going to be the biggest casualty under the amended laws. In any civilization, the Police cannot be given such free hand and wide powers, since it may lead to a Police Raj rather than a rule of law as per the Constitution of India,” the letter states.

It adds that the mix of Hindi and English, deletion or change of provisions of some offences, have over the years gone very deep into the legal system.

It further states that the Judges, lawyers, police officials and even the general public will be required to have a fresh study of the new laws from a grassroots level. As per the letter, this will lead to more chaotic situations daily in principles and difficulties.

Some of the issues flagged in the new laws are:

- Police remand period enlarged from 15 days to 90 or 60 days

- Handcuffing of accused

- Solitary confinement in jail

- Community service as a punishment

- Organized crime being introduced as an offence, even though it's an offence under special law

- Mob lynching, terrorist acts, causing accidents, Endangering sovereignty, unity and Integrity of India introduced as offences

- Enhanced punishment

- Video trials

- Admissibility of Documentary Evidence

Click Here To Read Letter