1)     The legal fraternity is very much shocked to see the blatant violations of Parliamentary Procedures in Repealing the 150 year old Criminal Laws namely Indian Penal Code 1860, Code of Criminal Procedure 1973 and Indian Evidence Act 1872 by the Union Government, violating all established procedures in an Arbitrary manner and enacting  new Criminal Laws namely BHARATIYA NYAYA SANHITA, 2023 (Act No.45 of 2023), BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (Act No.46 of 2023), AND BHARATIYA SAKSHYA ADHINIYAM, 2023 (Act No.47 of 2023).The new laws are enacted without any due consultation processes and without providing any opportunity for M.P.’s belonging to the opposition parties to air their views. The new laws are enacted by the Union Government in a hurried manner without providing any opportunity to the Legal Fraternity and the General Public to express their views. There is no compelling necessity to enact the three new laws and the extreme urgency shown by the Union Government in enacting the laws without following the due procedures clearly raise strong suspicion about the intention of the present Union Government

2)     When Parliament was under turmoil due to Manipur violence, the three bills were introduced on 11.08.2023, on the last day of the Monsoon Session of Parliament, violating Article 348 of the Constitution of India. The naming of the three bills in Sanskrit/Hindi has raised strong suspicions about the intention of the Union Government. The three bills were suddenly introduced by Home Minister Mr.Amit Shah, when there was walkout by opposition M.P.’s protesting against Manipur violence. The Hon’ble Chief Minister of Tamil Nadu had also posted a TWEET protesting the introduction of the three bills violating article 348 of the Indian Constitution. Various Bar Associations in Tamil Nadu had also shown their protest demanding the immediate withdrawal of the three bills. The lawyers supporting “INDIA ALLIANCE” also held a Demonstration on 25.08.2023 outside Madras High Court demanding the withdrawal of the three bills.

3)     Due to the strong opposition from all stake holders, the three bills were referred to the Parliamentary Standing Committee of Home Affairs for its consideration and reports. We were very much pained to see that during the Parliamentary Standing Committee Meetings, the views expressed by the members from the opposition parties were not at all considered. The demand of the members of the opposition parties to form a committee of legal experts including Retired Supreme Court Judges to scrutinize the three bills were not accepted.

4)   The winter session of the Parliament was disrupted because of the unemployed youths who were in the visitors gallery of the new parliament  jumped inside and throw smoke tins to show their protest. It is an unprecedented event and the opposition parliamentary party members demanded the Home Minister to issue statement, but he refused and therefore the entire opposition M.P.’s were boycotting the parliament and majority of Opposition MP’s were  suspended not allowed to participate in the proceedings. The Home Minister  withdrew the three bills  introduced  on 11.08.2023, and introduced  new three bills on 20.12.2023 and got it passed on 21.12.2023. The three criminal laws were enacted in a blatant Authoritarian way without any discussion by M.P.’s throwing all procedures and norms to winds. On 22.12.2023 a huge Demonstration was conducted by lawyer’s supporting “INDIA ALLIANCE” led by Thiru. Thol.Thirumavalavn, M.P. and President of VCK Party condemning the illegal enactment of the three laws.

5)     More painful is the fact that the Hon’ble President of India Tmt.Murmu gave ascent to the three bills immediately with alarming speed on 25.12.2023.

6)  The bare perusal of the three laws arbitrarily enacted clearly reveals that there is no useful and worthwhile changes in the three new laws.  The three  old  laws namely IPC, Cr.P.C. and Evidence Act have with stood the time for the last 150 years and the laws were subjected to periodic amendments whenever there is changing need. The three laws impinge the life of 140 crorer Indians. Repealing the age old established laws and enacting new laws without following due processes affects all Indian Citizens.

   7)The claim of Home Minister Mr.Amit Shah stating that by repealing the three age old  criminal laws and enacting the three new laws, the colonial legacy is ended is for from truth. In fact the new three laws enacted in a hurry is nothing but “Old Wine in New Bottles”. In the three new  laws enacted there is no change of the original definitions in 99% sections. Only there is re-arrangement of sections. Due to the arbitrary re-arrangement of sections, more delay will take place in Registration of FIR’s, Investigation of cases, filing of Charge Sheet and Trial of cases. There will be many practical difficulties in registering FIR’s, Investigation, Trial of cases and there will be docket explosion of criminal cases and confusion in court proceedings. The claim of speedy disposal of cases within three years by Mr.Amit Shah is far from reality. In the newly enacted criminal procedure code, the structure of the courts from Judicial Magistrate Courts upto the Supreme Court, there is no change except abolition of Metropolitan Courts. There is no provision to increase the number of courts. On the whole there is no progressive change in the three laws for providing relief and quick disposal of criminal cases of affected citizens.

8)    In sum and total the “TWEET” posted Mr.P.Chidambaram ,MP and former Union Minister and designated Senior Advocate  on Christmas day is very revealing:

“………..The new Indian Panel Code has become more draconian. If you realize that the Code is more often than not used against the poor, working class and the weaker sections of the people, the law will become an instrument of oppression against these sections of the people.

        Be it noted that the vast majority of prisoners(including under-trials) are poor and belong to the working class and the oppressed sections.

        The new Criminal Procedure Code contains many provisions that are unconstitutional and violate Articles 19 and 21 of the Constitution.

        It is the poor and oppressed sections of the people who will bear the brunt of the new Penal Code and the new Criminal Procedure Code.

        Instead of strengthening due process of law; the new Criminal Procedure Code contains many provisions that severely restrict ‘freedom’ and ‘personal liberty’

        The new provisions for arrest and police custody (that can extent custody upto 60 days or 90 days) will only lead to police excesses and custodial persecution.

        One of the first tasks of the successor Government in 2024 must be to review these laws and remove the draconian provisions.”

9)  In the Hindu dated 27.12.2023 at page 11 there is a news under the heading “Confusion over implementation of newly enacted criminal laws”, it is said that “Despite Gazette notification, officials cite the need for clarity; they say in absence of required infrastructure on the ground and adequate training for police, it may take several months for the new legislation to replace British-era laws to be effective.”

    10)   Further in the Time of India dated 27.12.2023 at page 8, there is a news under heading “ The New Criminal Justice laws to kick in only after 3-4 months” and it is said “ December 2024 Targeted Time line for Full implementation in All UTs”.

  11) All of a Sudden, Union Home Minister announced on 24.02.2024  that the three newly enacted Criminal Laws will be implemented on 01.07.2024 and necessary notification issued to enforce the Acts.The tall claim of Union Home Minister Mr.Amit Shah saying  ” India’s criminal justice system will soon be among the  world’s most modern” is very hollow.

12)    Since, the three newly enacted criminal laws, if implemented will put much hardships to the affected citizens, law enforcing authorities, Judiciary and legal fraternity,the three laws shall have to be kept in abeyance and ultimately the three newly enacted laws shall have to be withdrawn by the newly Constituted Parliament after 2024 elections and repealed old laws shall have to be restored. If at all the new Government wishes to bring new legislation, Article 348 of the Constitution of India shall have to be followed in letter and spirit and after open and full discussions by all stake holders, the legislation shall have to be again formulated.

13) We call upon all Advocates Associations and members of the Bar to raise their voice and protest demanding to keep in abeyance  the implementation of the three new Criminal Laws,till the newly constituted Parliament fairly consider the laws .

14 )We hope the MHAA,MBA,Women Lawyers Association,Law Association in Madras High Court, JAAC, Bar Federation of Tamilnadu & Puducherry,All democratic Lawyers Associations will unite and demand the Union Govt to” Keep the Newly Enacted  Three  Criminal Laws in Abeyance and not to enforce them from 01.07.2024,till the Laws are discussed afresh in the newly Constituted Parliament after the 2024 Parliamentary elections”.

-Lawyers Centre for Democracy & Social Causes ,

No.134,Thambu Street,

Chennai 600001.

Vijayakumar Chelliah Advocate

98401 91669