Criminal Justice Bills Get President’s Assent, “Poor, Oppressed Will Bear The Brunt,” Says Opposition
On December 25, President Droupadi Murmu granted assent to three new criminal justice bills recently endorsed by Indian Parliament. These legislations, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act, are set to replace the British era Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872.
Reacting the development, Congress leader and former finance minister P Chidambaram said the poor and oppressed sections of the people will bear the brunt of the new Penal Code and the new Criminal Procedure Code.
He also said the new Indian Penal Code has become more draconian. “If you realize that the Code is more often than not used against the poor, working class and the weaker sections of the people, the law will become an instrument of oppression against these sections of the people Be it noted that the vast majority of prisoners (including under-trials) are poor and belong to the working class and the oppressed sections,” he added.
“The new Criminal Procedure Code contains many provisions that are unconstitutional and violate Articles 19 and 21 of the Constitution,” he said.
Instead of strengthening “due process of law”, Mr Chidambaram, a lawyer by profession, said the new Criminal Procedure Code contains many provisions that severely restrict “freedom” and “personal liberty”.
“The new provisions for arrest and police custody (that can extend custody upto 60 days or 90 days) will only lead to police excesses and custodial persecution. One of the first tasks of the successor government in 2024 must be to review these laws and remove the draconian provisions,” he suggested.
Congress’ general secretary in charge of communication Jairam Ramesh commented that the Bills were “bulldozed through Parliament last week, aided by the deliberate suspension of 146 INDIA MPs”. He also said eminent lawyers and jurists have pointed out its disastrous consequences, especially for the most marginalised sections of the society.
”On a lighter note, the most widely known Section 420 of the Indian Penal Code is now history. It had even inspired a hit Raj Kapoor-Nargis film Shree 420 in 1955 that had many superhit songs. Henceforth, that will be Section 316 of Bharatiya Nyaya Sanhita, 2023. No matter, Shree 420 nahi toh Shree G20 hi sahi!,” ,” he added.
Additionally, the President also endorsed the Telecommunications Act of 2023, representing the Union government”s anticipated successor to the Telegraph Act of 1885, which has governed telecom services in India to date. With the presidential approval secured, the next step involves the formulation of rules to implement different sections of the Act.
