“New penal laws have Bharat’s soul and spirit…”: SC Bar chief Adish Aggarwala

The Supreme Court Bar Association (SCBA) President Dr Adish Aggarwala said on Thursday the new penal laws have Bharat’s soul and spirit and many colonial-era laws have been hanging around like an albatross around the neck of the Indian legal fraternity even 75 years after Independence.
“Now, the soul and spirit of the Bharath have been infused into the key criminal laws Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita that would replace the archaic and outdated Indian Penal Code, Code of Criminal Procedure and the Evidence Act,” Adish Aggarwala said.
Adish Aggarwala, who is also the Chairman, All India Bar Association, thanked the leadership and resolve of Prime Minister Narendra Mod and Union Home Minister Shri Amit Shah for passing the three key bills in Parliament.
“The overhaul of these prime criminal laws was long overdue, as many of their provisions had outgrown their purposes and, in fact, were incongruent to the times and objectives for which they had been legislated. The new laws, with the soul and spirit of the new Bharat, will, therefore, bring a sea change in our criminal justice delivery system,” he said.
Aggarwala further stated that the implementation of provisions addressing current challenges, such as the classification of mob lynchings as a distinct crime, including hate crimes on the basis of race, caste or community, gender, language, or place of origin, and implementing and supporting victims, will be indispensable.
“Providing police and judicial staff with sensitivity training would help ensure that these cases are handled impartially and with respect for the trauma of the victims,” he said.
“We also welcome the improvements in FIR registration by police officers irrespective of the place of the offence and also the time-bound disposal of cases, thus strengthening not only the legal system but also bringing back the faith of citizens of our country,” Aggarwala added.
The Supreme Court Bar President further mentioned that the new changes encourage the use of forensic practices and methodology in investigations and the use of audio-visual setups and processes in search and seizure to improve evidence procurement and the legal process in general.
“Excessive reliance on forensic evidence also requires safeguards against abuse. Investigative abilities and victim protection schemes and arrangements remain paramount,” he said.
The entire lawyer fraternity across Bharat gratefully acknowledges and recognizes the beneficial aspects of the recast penal laws, and pledges its unstinted support and cooperation to make this historic effort of the union government a success, a statement issued in media said