The laws were passed in parliament in December when almost no opposition lawmakers were present
India’s opposition groups and lawyers have raised concerns about the rollout of new criminal laws, saying the changes are being implemented too hastily and without proper consultation.
The government is replacing two British colonial laws and another one from 1973 with three new pieces of legislation, which take effect from Monday. The aim is to modernize the archaic criminal justice system, according to the government, with Home Minister Amit Shah saying it’s a way to deliver “justice” instead of being “a source of punishment for Indians” under the British Raj.
The laws were passed in parliament in December when almost no opposition lawmakers were present. Opposition groups are now calling for fresh debate on the laws, with Mamata Banerjee, the chief minister of West Bengal state, writing to Prime Minister Narendra Modi, seeking a parliamentary review.
Lawyers are also complaining about the hasty rollout of the rules, saying it hasn’t given them enough time to understand the changes. They’ve also raised concerns that the new laws will increase the reach of the state, perhaps tilting the balance in its favor.
Here’s a look at the new laws and their implications:
What are the changes?
The revised laws replace the Indian Penal Code of 1860, the Indian Evidence Act of 1872, and the relatively recent Code of Criminal Procedure of 1973. Some of the significant changes include:
- new offenses of terrorist acts and organized crime have been added with harsh punishments
- the existing law on sedition has been removed, and new offenses on acts of armed rebellion, subversive activities, separatist activities or activities against sovereignty and integrity of the nation have been added
- the death penalty for mob lynching has been incorporated in the new laws
- for the first time, community service is added as a punishment for petty offenses
- economic crimes such as cheating and breaches of trust have harsher punishments
- allowing recording of evidence through audio-visual means to aid police investigations
- for citizens, filing a formal complaint with the police has been made easier
- a timeline of 30 to 45 days for pronouncing a verdict in a criminal trial has been prescribed while also laying down a tight timeline for phases of investigation and trial
- the laws allow for the trial, conviction and sentencing of an accused even in their absence
- expanding police custody time for interrogation from the current 15 days to up to 90 days depending on the offense committed
Who is affected?
The changes will have an impact on a wide group of people, from the police, witnesses, victims, common citizens, and the judiciary. Experts say that it will be particularly challenging for Indian courts, which continue to function with fewer judges. There are more than 48 million cases pending at various courts in 2022, according to government data.
Why the criticism?
Indira Jaising, a senior advocate and former additional solicitor general, said the new laws reword almost every section of the previous criminal legislation, which have been in operation for centuries and interpreted by the Supreme Court. There could be disputes over the new laws, which could drag out in courts, adding to an already over-burdened judicial system, she wrote in an article in a local newspaper. Others have said the new provisions are confusing and there could be questions in legal cases about whether the laws should be applied prospectively or retrospectively.
Sidharth Luthra, a senior Supreme Court lawyer, said the new laws are basically a reorganization of the old ones, and it was still too early to assess their impact.
“There is an increase in the reach of the state and there is certainly ease of operation for investigator,” Luthra said. “While it is too early to say how the changes will work out in practice we can say that the philosophy behind the new laws is partly re formative and partly deterrent.”
What are opposition groups saying?
Banerjee wrote to Modi to ask him to defer the implementation of the laws. Sushmita Dev, spokesperson for Banerjee’s All India Trinamool Congress, said the three laws are draconian and the government should take into account the dissent notes suggested by the opposition. P. Chidambaram, a leader from the Indian National Congress who had previously served as home minister in a Congress-led government, said the new laws will throw the “administration of criminal justice into disarray.”
What is India doing to prepare?
The government has said it’s employed 4 million people to disseminate information about the new laws to the public and trained 556,000 officials in departments, including the police, forensics, judicial and prosecution, on the new rules. States including Delhi, Bihar, Tamil Nadu, Odisha and Jammu and Kashmir have taken various measures to train the police department and upgrade technology to implement the changes.
The Bar Council of India has mandated the inclusion of the new laws in the curriculum of universities and legal colleges from the 2024-25 academic year.
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