Stir Against New Criminal Laws Reaches Bar Council

New Delhi: Days before the rollout of the new criminal codes, protests by lawyer bodies have reached the Bar Council of India, which in turn has urged all bar associations across the country to refrain from any immediate protests.Taking note of the reservations expressed by the state associations, BCI acknowledged on Wednesday the numerous representations received from bar associations and state bar councils expressing strong protests against the criminal laws to be implemented from July 1.

The newly encoded laws — Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita and Bhartiya Sakshya Act — will replace the Indian Penal Code, Code of Criminal Procedure and the Evidence Act.Senior advocate and BCI chairman Manan Kumar Mishra said in a statement, “Bar associations have signalled their intent to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough nationwide discussions, including a comprehensive review by Parliament.” Mishra said concerns had been “raised that several provisions of these new laws are perceived to be anti-people, more draconian than the colonial-era laws they intend to replace and pose a serious threat to the fundamental rights of citizens”.While the BCI communication didn’t specify the exact provisions flagged by the various bar associations, TOI has leant the concerns centre on the tweaks made to existing laws, including CrPC, on bail and remand, electronic evidence in Evidence Act and criminalising false promise to marry with a 10-year jail term.The communication said several "legal luminaries" and advocates had also strongly opposed the laws, asserting that these contravened the principles of fundamental rights and natural justice. "After careful consideration of these demands and concerns, BCI requests all bar associations to refrain from any form of agitation or protest at this juncture. BCI will initiate discussions with the Union govt, represented by the Union home minister and the Union law minister, to convey the concerns of the legal fraternity," the statement said.BCI said it also intended to seek the intervention of Union environment minister Bhupendra Yadav, a lawyer himself, to mediate in the matter. "Additionally, BCI requests all bar associations and senior advocates to submit specific provisions of the new laws they deem unconstitutional or detrimental, to facilitate a productive dialogue with the government," the statement said.It underlined that Union home minister Amit Shah had announced in September 2023 the Centre’s willingness to amend any provision of these laws if "valid reasons and plausible suggestions" were presented."Upon receiving specific suggestions from the bar associations, BCI will constitute a committee comprising noted senior advocates, former judges, impartial social activists and journalists to propose necessary amendments to these new laws," the apex lawyers' body said, urging restraint.
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