Controversy Surrounding India’s New Criminal Laws: Tewari vs. Meghwal

Congress leader Manish Tewari vehemently criticized the upcoming enforcement of three new criminal laws, slated to take effect from July 1st.

Criticism For Three New Criminal Laws

From July 1st of this year, the enforcement of three new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—is set to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. Manish Tewari criticized Union Law Minister Arjun Ram Meghwal for passing three new criminal laws despite the suspension of 146 Opposition MPs, which he argues undermined the “collective wisdom” of Parliament.

Tewari raised concerns that the new laws were passed without sufficient regard for dissenting views from the Standing Parliamentary Committee on Home Affairs. He warned that these laws could potentially disrupt India’s legal framework once implemented. In conclusion, Tewari demanded a suspension of the implementation of these laws until Parliament collectively reevaluates them. He argued that specific provisions within these laws pose a significant threat to civil liberties in India.

Meghwal’s Stance

Meghwal stated that significant changes were made to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act after thorough consultation and consideration of reports from the Law Commission of India. These changes culminated in the passage of three new criminal laws in Parliament last year—Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—which will replace the existing laws.

Bharatiya Nyaya Sanhita will include 358 sections, as opposed to the IPC’s 511 sections. It creates twenty new crimes, increases fines for eighty-three violations, strengthens prison terms for thirty-three offenses, and sets minimum penalties for twenty-three offenses. Six felonies now carry community service sanctions, while the bill has 19 parts removed or abolished.
There will be 531 sections in the Bharatiya Nagrik Suraksha Sanhita as opposed to 484 in the CrPC. It has 39 new subsections, nine new sections, and 177 amended provisions. The draft act has 35 section timeframes, 44 new provisions and clarifications, and 35 occurrences of audio-video provisions.There will be 170 provisions in Bharatiya Sakshya Adhiniyam, as opposed to the initial 167. It has undergone changes in 24 provisions, repealed 14 sections, and added two new provisions and six sub-provisions. Additionally, six provisions have been repealed or deleted from the bill.

Read More: Supreme Court, Delhi High Court, States High Court, Other Courts, International