14 Jun. 24: Senior Advocate Indira Jaising has appealed to Law Minister Arjun Ram Meghwal and Chief Justice of India DY Chandrachud to defer the implementation of the new criminal laws set to take effect on July 1. In her letter, Jaising emphasized the need for further consultation with all stakeholders before the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 are enacted.
Jaising highlighted that while substantive criminal law cannot be applied retrospectively, procedural law may impact ongoing cases. This raises the issue of which laws will govern specific cases once the new legislation is in force. The potential for constitutional challenges to several provisions of these laws adds to the complexity, necessitating judicial scrutiny.
In her communication, Jaising urged for a delay in implementing the new laws to allow comprehensive discussions among the judiciary, investigative agencies, state and union governments, and citizens. She expressed concern over the simultaneous operation of old and new criminal justice systems, which could result in confusion and increased legal disputes.
“The implementation of the new criminal laws will mean that two criminal justice systems will operate in the country,” Jaising explained. “Pending cases will be governed by old laws, while new cases will be dealt with under the new laws. This duality will complicate matters and contribute to the already significant case backlog.”
Jaising criticized the lack of consultation with stakeholders, stressing that such an approach is not in the public interest. She questioned the necessity of repackaging old laws and the potential difficulties it would pose for judges, lawyers, and the accused.
Addressing the issue of judicial infrastructure, Jaising expressed concerns over the adequacy of measures such as audio-video recordings and witness protection schemes. She questioned the fairness of keeping accused persons in prison during this transitional phase.
Jaising’s letter underscored the need for a re-evaluation of the new laws by the government, emphasizing the importance of ensuring justice for both accused individuals and victims. She warned that immediate implementation of the new laws could increase criminal litigation by 30%, further burdening an already strained judicial system.
The senior advocate’s call for deferment highlights the critical need for a thorough review and stakeholder consultation to ensure the new criminal laws serve the best interests of justice and the public.
