Bar Council of India appreciates removal of colonial, outdated criminal laws

The Bar Council of India acknowledges the positive features embedded in the three Acts–Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita–passed by the Indian Parliament on December 21, 2023, which thereupon received Presidential assent on December 25, 2023 and were published in the official gazette on the same day.
These criminal laws aim to replace the existing body of criminal laws in India. The date on which the laws will come into effect has not yet been notified by the government.
BCI stated on Wednesday and appreciated removing colonial and outdated criminal laws, such as the sedition section, which fosters a more inclusive and democratic legal environment by respecting freedom of expression.
The BCI recognised the introduction of provisions addressing contemporary challenges, including the categorization of mob lynching as a separate offence, encompassing hate crimes based on race, caste, community, sex, language, or place of birth. Effective implementation and victim support will be critical. Sensitivity training for the police and judiciary could help ensure unbiased and trauma-informed handling of such cases.
The BCI noted and appreciated the government’s decision to refrain from reintroducing adultery as a gender-neutral offence, aligning with the principles of equality and non-discrimination.
Understanding the need for a comprehensive legal framework, the Bar Council of India acknowledges the improvements regarding the registration of FIRs by police officers, regardless of the offence’s location.
The BCI commends the emphasis on utilising forensic methods in investigations and incorporating videography in searches and seizures, contributing to the enhancement of evidence collection and legal processes. Over-reliance on forensic evidence also needs safeguards against misuse. Investigative skills and witness/victim protection remain core.
While considering concerns raised during the legislative process, the Bar Council of India appreciates the dedication to a thorough examination by the Parliamentary Standing Committee, ensuring scrutiny and refinement of the legal codes.
However, recognising the importance of ongoing dialogue and refinement in legal procedures, the Bar Council of India encourages continuous discussions to address any ambiguities, such as the clarification on the permissible duration of police custody beyond the 15-day limit.
Asserting that the legislative process is an ongoing endeavour, the Bar Council of India urges the government to remain open to constructive feedback and amendments that further strengthen the legal framework.
“The Bar Council of India commends the Prime Minister and Home Minister for their leadership in ushering in a progressive era of criminal justice reform. Their commitment to removing colonial and outdated laws, fostering inclusivity, addressing contemporary challenges, and engaging in thorough legislative scrutiny reflects a dedication to justice and a resilient legal framework for India’s future. The BCI appreciates their leadership,” as per the BCI statement.
It is hereby resolved that the Bar Council of India, in its commitment to justice, supports the enactment of the three acts, understanding their positive contributions, while advocating for a continual dialogue to refine and improve the criminal justice system in India, as stated in the BCI statement