New Delhi: In the run-up to the three new criminal laws coming into force from July 1, central and state governments are holding training sessions for the legal fraternity and law enforcement agencies.
However, a lawyer with an X handle @RURALINDIA raised searching questions about the quality of training sessions in a thread.
Adv. M began his thread by asking “Are you ready for a public interest story?”
“So, there was a training session for Maharashtra's Judges (JMFC & MM) at judicial academy on the 3 new criminal laws that are set to screw your freedom & dignity. About 187 Judges were called for it,” the post said.
“A retired Madras HC judge and, a retired UP Sessions Judge were called in as speakers,” said Adv. M adding that a training of barely 1 and half days is actually no training at all.
Adv. M claimed that was reflected in the responses of those who attended.
In the thread, Adv. M raised seven questions arising from the implementation of three new criminal laws:
1. Why? If you merely wanted to change the nomenclature - why not through an amendment?
2. Why? Why change the sequence of sections and numbering - when there's no substance?
3. There's no opportunity to unlearn the old laws as they're going to remain for at least 30-40 years.
4. What happens to the prevailing jurisprudence qua the sections that r in conflict?
5. Who gains by increasing the pendency of cases? Not the litigants, for sure. So, why do a Kolaveri?
6. Even the Britishers wouldn't have thought about imposing such oppressive laws.
7. Nobody dared to interpret. Everyone at the training simply read out the text of the laws.
“The best comment was - Sir, lots of Judges, including the Retd. Madras HC judge had difficulty in pronouncing the title of the new laws,” Adv. M said adding that the judges were told to refer to the new laws as - New IPC, New CrPC.
Adv. M concluded by saying Law Minister Arjun Ram Meghwal must reconsider the laws and scrap them.
The thread attracted significant attention and response from other X users.
Advocate Sanjay Hegde quipped, “The coming Samhitas”
Former Amnesty International India chief Aakar Patel said “from Dhaka to Peshawar, people know what 302, 144 and 420 mean. why mess around with something that has worked for 150 years?”
According to the Union Home Ministry, the three new criminal laws are a transition from the colonial legacies towards a system of justice based on the principle of access to justice by all.
The new laws are the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act. The laws will replace the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872 respectively.
Quoting the thread, an X user Anish Padhye wrote, “And the travesty is that laws which are more punitive & arbitrary are given a tag of 'decolonisation' over laws which at least been interpreted by our constitutional courts to ensure protection of procedural & substantive rights & amended by Parliaments to give specific meaning.”
Another lawyer Anirban Roy commented, “My main issue with the 3 New Criminal Acts is absolutely needless change of numbering & sequence of provisions when substance is same & old cases with old provisions not ending overnight.. Only Judges, Lawyers & Cops would know the ramifications (sic).”
The government said that new laws aim at providing speedy justice to the citizens of the country and will strengthen the judicial and court management system.
On May 20, the Supreme Court refused to entertain a petition which challenged the enactment of three new laws that seek to overhaul India's penal codes.
Seeking a stay on the operation of the three new laws, the PIL had claimed they were enacted without any parliamentary debate as most of the opposition members were under suspension.
The plea had sought directions from the court for the immediate constitution of an expert committee that will assess the viability of the three new criminal laws.
Training programmes across the country:
Last month, a sensitisation programme to inform the law officers of the prosecution department about the three new criminal laws was held in Shimla.
The programme was held for the law officers working in the different departments in the Directorate of Prosecution.
Former director, prosecution N L Sen, former joint director, prosecution Jagdish Kanwar and joint director, State Vigilance and Anti-corruption Bureau, Shimla, Rajesh Verma made the participants aware about the deletions, additions and amendments made in the new laws, a statement issued here said.
The Bar Council of India issued a circular directing centres of legal education (CLEs) across the country to immediately implement its various guidelines, including introducing mediation as a compulsory subject.
It also said that CLEs will implement the three new criminal justice laws replacing the Indian Penal Code-1860, the Code of Criminal Procedure-1898 and the Indian Evidence Act of 1872 from the academic year 2024-25.
/newsdrum-in/media/agency_attachments/ipXwqL5g8EOqSkmkiZUK.png)
/newsdrum-in/media/member_avatars/zo41uS3Lku9fCtPnBfvR.jpg )
Follow Us/newsdrum-in/media/media_files/4M0eWM7NHCsBoVzf7CxM.jpg)