On Monday, the introduction of three new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—has elicited diverse responses from legal experts. These laws, which came into effect nationwide on July 1, replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.
Senior advocate Abhishek Singhvi criticized the new laws for their superficial changes, neglecting crucial issues such as the extensive backlog of cases in courts, particularly in trial courts. In contrast, former Supreme Court Bar Association president Adish C Aggarwala and senior advocates Mahesh Jethmalani and Vikas Pahwa lauded the laws as a significant step towards modernizing the criminal justice system and ensuring timely delivery of justice.
However, advocate and Congress MP Manish Tewari and activist lawyer Kamini Jaiswal condemned the laws as draconian and disastrous. The Bar Council of India (BCI), on the other hand, supported the laws and urged bar associations nationwide to refrain from immediate protests against their implementation.
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Highlighting key changes, Aggarwala emphasized the introduction of specific timelines for trials and verdicts, aiming for judgments within 30 days after arguments, extendable to 45 days with recorded reasons. Jethmalani defended the laws, asserting they benefit prosecution, victims, and criminals alike.
Pahwa acknowledged both positive and negative aspects of the laws, emphasizing the potential benefits of technological advancements in their implementation.
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