A heated exchange has erupted between the BJP and opposition parties following the implementation of three new criminal laws, with senior Congress leader P Chidambaram criticizing the central government for what he calls “bulldozing” existing laws without adequate discussion.
Chidambaram accused the government of hastily replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act with the Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, respectively. He argued that the process lacked sufficient debate and that many provisions were simply copied from the old laws, rendering the exercise wasteful.
“90-99 percent of the so-called new laws are a cut, copy, and paste job,” Chidambaram stated. “A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise.”
The BJP countered these allegations, citing Chief Justice of India DY Chandrachud’s endorsement of the new laws as a “watershed moment” for India’s legal system. Senior BJP leader Amit Malviya pointed to Justice Chandrachud’s remarks at a conference on April 20, where he praised the transition of India’s legal framework into a new age of criminal justice.
Malviya emphasized that the new laws, effective from July 1, 2024, mark a significant shift from the colonial-era statutes. He accused the Congress of resisting necessary changes and failing to acknowledge the improvements introduced by the new legislation.
Union Home Minister Amit Shah, who spearheaded the new laws, asserted that the reforms prioritize justice over penal action, in contrast to the British-era laws. He maintained that the new laws would enhance the criminal justice system in India.
Chidambaram, however, insisted that the new laws contain several retrograde and potentially unconstitutional provisions. He noted that MPs, law scholars, bar associations, judges, and lawyers have all raised concerns about deficiencies in the new legislation, but the government has not addressed these issues.
“The initial impact will be to throw the administration of criminal justice into disarray,” Chidambaram warned. “In the medium term, numerous challenges to the laws will be instituted in various courts. In the long term, further changes must be made to the three laws to bring them in conformity with the Constitution and modern principles of criminal jurisprudence.”
