The Bar Council of India (BCI) on Wednesday commended the Indian Parliament for passing the three criminal law bills - Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.The three bills were first introduced in Lok Sabha on August 11, 2023 before being referred to a parliamentary committee headed by Brij Lal for further examination.They were passed by the Lok Sabha on December 20, 2023 before being passed by the Rajya Sabha on December 21, 2023 and received the President's assent on December 25, 2023.In a press release, BCI Chairman Senior Advocate Manan Kumar Mishra expressed the bar body's appreciation for removing colonial and outdated laws like sedition and for fostering a more inclusive and democratic legal environment by respecting freedom of expression.Notably, although the offence of 'sedition', which was kept in abeyance by the Supreme Court, has not been retained, a very similar provision has been added in the new law. Section 152 punishes acts 'endangering sovereignty, unity and integrity of India.'
However, the BCI stressed the need for effective implementation and victim support, calling for sensitivity training for police and judiciary to ensure unbiased and trauma-informed handling of cases related to these offenses.The BCI also appreciated the government's decision to refrain from reintroducing adultery as a gender-neutral offence.Further, the BCI acknowledged improvements in the registration of First Information Reports (FIRs) by police officers irrespective of the place of occurrence of the offence.The bar body appreciated the emphasis on utilizing forensic methods in investigations and incorporating videography in searches and seizures, contributing to evidence collection and legal processes.
While expressing gratitude for the thorough examination by the Parliamentary Standing Committee during the legislative process, the BCI acknowledged the importance of ongoing dialogue and refinement in legal procedures.The Council encouraged continuous discussions to address ambiguities, such as the clarification on the permissible duration of police custody beyond the 15-day limit."Asserting that the legislative process is an ongoing endeavor, the Bar Council of India urges the government to remain open to constructive feedback and amendments that further strengthen the legal framework," the release added.
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