Bar Council of Tamil Nadu and Puducherry opposes three new criminal laws
Urges Bar Council of India to convene a meeting of all State Bar councils as well as Bar Associations to discuss future course of action
The Bar Council of Tamil Nadu and Puducherry (BCTNP) has registered its strong opposition to replacement of the Code of Criminal Procedure, Indian Penal Code and Indian Evidence Act with Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam respectively from July 1 this year.
In a press communique issued on Saturday, BCTNP chairman P.S. Amalraj said that it had passed a resolution requesting the Bar Council of India (BCI) to organise a joint meeting with the office bearers of all State level Bar councils as well as Bar associations in the country to discuss the pros and cons of the three new laws.
The BCTNP insisted that the meeting should also discuss the necessity to request the Centre to withdraw the implementation of the new laws and also consider the possiblity of challenging them before the Supreme Court. It felt that the new laws had caused immense difficulties to litigants, lawyers, law students and others.
Mr. Amalraj said Union Home Minister Amit Shah had written to the BCTNP on January 6, 2020, seeking suggestions on replacing the Cr.P.C., I.P.C., and I.E.A., with the new laws. The BCTNP replied to him on March 16, 2020, requesting him to convene a meeting of all State Bar Councils in order to take a uniform decision.
Subsequently, when Union Home Secretary Ajay Kumar Bhalla sent a reminder to BCTNP on June 23, 2020 calling for its suggestions, the council wrote back to him on July 8, 2020 seeking a copy of the draft of the new laws. The council wrote to the Home Secretary once again on September 7, 2020.
In the second communication to the Home Secretary, BCTNP had objected to the constitution of a five member committee by the Centre and insisted on including experts in criminal law. The BCTNP also impressed upon the need to invite suggestions from State Law Commissions before making any changes to the three criminal laws.
On September 1, 2023, the BCTNP wrote to the Parliamentary Standing Committee on Home Affairs stating that there was absolutely no necessity to replace the Cr.P.C., I.P.C., and I.E.A., with new laws and that it would be sufficient to carry out necessary amendments in the existing laws. The council also objected to naming of the three new laws using Sanskrit and Hindi words.
Despite all this, the Centre had gone ahead and implemented the new laws from July 1 this year thereby causing great amount of difficulties to litigants, lawyers, police officers and other stakeholders in criminal justice system, Mr. Amalraj said and requested the Bar Council of India to convene a meeting of all State Bar councils at the earliest.
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