With the new criminal laws all set to come into effect from July 1, Senior Advocate Indira Jaising has written to Law Minister Arjun Ram Meghwal and the Chief Justice of India, DY Chandrachud, seeking deferment of the laws till further consultations are done with all stakeholders.
The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023, were introduced by the Centre and will officially come into effect from July 1.
In her letter to the law minister, Jaising said, “We as lawyers are aware that substantive criminal law cannot be applied retrospectively, whereas the procedural law may apply to a pending case depending on whether prejudice will be caused to the accused.”
“In every single pending case, the question will arise which law will apply in a particular case. This is quite apart from the question of challenge to the constitutionality of several provisions of the three new criminal laws, which is looming large in people’s minds. I am, however, making no comments on this aspect because these are questions for the judiciary to decide,” the letter reads.
“It is under these circumstances that I write to you with an earnest request to delay the implementation of the aforesaid criminal laws until all stakeholders including the judiciary at all levels, the investigative agencies, the state governments, the union government, and the citizens of this country have an opportunity to debate and discuss the implementation of these laws and its implications on access to justice,” states the letter.
2 CRIMINAL JUSTICE SYSTEMS WILL PREVAIL
In a conversation with India Today, Jaising said, “implementation of the criminal laws will mean that two criminal justice laws will operate in the country. With effect from July 1, 2024, we will have two criminal justice systems. For, the FIR registered on June 30 will be governed by old laws, while on July 1 new criminal laws will come into place.”
“At this point of time, we will have two parallel justice systems running in the country. Thousands of cases pending will be dealt with old laws and new cases will be dealt with according to new criminal laws. You can’t apply new laws to the past cases. The State will argue that new criminal laws will apply, but the accused will argue the case will be dealt with by old laws only. Who’s going to decide these issues? Pendency of cases is huge, and it will be reflected in our system,” Jaising added.
ON CONSULTATION WITH STAKEHOLDERS
Indira Jaising says, “Many stakeholders were not consulted, and this is why there is an uproar. How is this in the interest of the people of this country? The law of sedition was brought in despite the fact that the top court had stayed it. Criminal laws require certainty and where is the need for repackaging the old laws, making it difficult for judges, lawyers and accused persons?”
LIFE AND LIBERTY ARE PRECIOUS
She stresses that it is needed that the implementation of the new laws should be deferred as concerned stakeholders were not consulted. Life and liberty are precious for all of us, and a vagueness should be avoided.
ON JUDICIAL INFRASTRUCTURE
“I am not aware of any rules formed by the states. I have issues with audio video recordings. Are there any checks and balances or not? The witness protection scheme is an inadequate scheme. This doesn’t only relate to money, but it’s about changing your identity, giving you a new place for living so that the accused can’t get in touch with you and influence you,” she added.
ON TRAINING OF JUDGES
“Is it fair to keep an accused in prison because laws are not settled so far, and that the laws are in transition?” Jaising questioned.
ON DEMAND TO RELOOK THE NEW LAWS
“Yes, the new government should look into the laws afresh. We have a good opposition now. The criminal justice system should do justice to both accused and victims,” Jaising demanded.
PENDENCY WILL INCREASE
Indira Jaising also stated that the new criminal laws are likely to increase criminal litigation by 30 per cent, which will be an additional burden to the existing backlog of cases. The judicial system may become unmanageable if the three laws are implemented immediately.
Source Agencies
