Bar Council of India welcomes three new laws, commends removal of colonial-era Acts

CHENNAI: A day after truckers kicked up a nationwide row by staying off roads opposing new penal provisions in the revised criminal law and code, the Bar Council of India (BCI) on Wednesday commended the Union government and welcomed removal of ‘colonial and outdated criminal laws.’
“The BCI acknowledges the positive features embedded in the three Acts – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita -- passed by the Parliament on December 21, 2023,” said a statement issued by BCI chairman and senior advocate Manan Kumar Mishra on Wednesday.
The laws received the presidential assent on December 25, 2023. However, the date on which the laws will come into effect has not yet been notified by the government.
Mishra said the BCI appreciated the removal of provisions such as the ones relating to sedition as it now fostered a “more inclusive and democratic legal environment by respecting freedom of expression.”
“The BCI recognises the introduction of provisions addressing contemporary challenges, including the categorization of mob lynching as a separate offense, 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 police and judiciary could help ensure unbiased and trauma-informed handling of such cases,” Mishra said.
“The BCI notes and appreciates the government's decision to refrain from reintroducing adultery as a gender-neutral offense, aligning with the principles of equality and non-discrimination,” he said.
The BCI acknowledged the improvements regarding the registration of FIRs by police officers regardless of the offense's location, he said, adding that it commended the emphasis on utilizing forensic methods in investigations and incorporating videography in searches and seizures, contributing to the enhancement of evidence collection and legal processes.
Recognizing the importance of ongoing dialogue and refinement in legal procedures, the statement said the BCI would encourage continuous discussions to address any ambiguities, such as the clarification on the permissible duration of police custody beyond the 15-day limit. It urged 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 the 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,” Mishra said.