Defer implementation of Criminal Law statutes: B Vinod Kumar

The use of Hindi titles for the Acts was a direct violation of Article 348 of the Constitution, which mandates all the acts to be drafted in English.

Hyderabad: Former MP B Vinod Kumar on Wednesday demanded the Central government to defer its decision for bringing the criminal law statutes – Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarika Suraksha Sanhita, 2023, and Bharatiya Sanhita, 2023 into force from July 1.

In a letter addressed to the union Minister of Law and Justice, Arjun Ram Meghwal, he pointed out that though the intention to reform and modernise Indian criminal justice system was commendable, the current version of these acts pose several serious concerns. They need to be addressed well before they come into force, he stressed.

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He said his dissent note was intended to seek critical examination of the new laws by comparing them with the existing penal code (IPC), code of criminal procedure (CrPC) and the Indian Evidence Act by identifying major shortcomings and areas in need of improvements. The use of Hindi titles for the Acts was a direct violation of Article 348 of the Constitution, which mandates all the acts to be drafted in English.

He stated that the Acts would significantly impact various aspects of the criminal justice system and necessitate thorough consultation with the stake-holders. He pointed out that the Bharatiya Nagarika Suraksha Sanhita increases police powers including the use of handcuffs and expanded detention period and it would be contrary to Supreme Court’s guidelines on humane treatment of detainees.

The inclusion of digital evidence was forward looking move but it raises significant privacy concerns. The acts would place considerable power in the hands of law enforcement without adequate judicial oversight and it may lead to arbitrary arrests and detentions. He appealed to the Ministry to take appropriate steps to address these issues involved in the implementation of the acts and uphold the principles of justice.