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These three laws will create two parallel legal regimes: Tewari
Tewari added that though the bills were referred to the parliamentary standing committee of home affairs, the informed dissent of many eminent members of the committee was not taken into consideration
Asserting that the new criminal laws are lacking in merit and have been implemented without taking the Opposition into confidence, member of Parliament Manish Tewari, in an interaction with advocates at district court complex in Sector-43 on Wednesday said the new laws are draconian in nature and lack originality.
“On August 11, 2023, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Bill (BSB) were introduced in the monsoon session of Parliament without adequate notice, denying the Opposition the opportunity to object to their introduction,” he said.
Tewari added that though the bills were referred to the parliamentary standing committee of home affairs, the informed dissent of many eminent members of the committee was not taken into consideration.
“These three criminal laws lack any substantial merit or any modicum of originality. Out of the 511 provisions in the IPC, only 24 sections have been deleted and 23 added. The rest have been merely renumbered in the new BNS. All 170 sections of the Evidence Act have been retained in the new BSB. Some 95% of the CrPC has been cut, copied and pasted as the new BNSS. As a result, it systematically overhauls the foundational laws of the criminal justice system without offering anything substantial by way of reform,” he said.
These three laws will create two parallel legal regimes. This will not only cause ambiguity but also exacerbate the existing backlog of cases, Tewari added. According to the National Judicial Data Grid, approximately 3.4 crore cases are pending in India’s criminal justice system, already overburdening the existing infrastructure. The implementation of the new bills would further strain the nation’s already creaky judicial system that is underpinned by an extremely tardy physical infrastructure, he said.
Various issues related to the district bar and its members were highlighted. He also promised to help the bar from his MPLAD fund once it is released.
