State forms 7-member committee to review 3 new criminal laws; to submit report in 3 months

Kolkata: The state government, on Wednesday, issued a notification informing that it has constituted a seven-member committee to review the three new criminal laws and will submit a report within three months.

The notification stated: “The state government is pleased hereby to constitute a Committee for reviewing the said Criminal Laws, i.e. Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA).” The seven-member committee is chaired by Justice (Retired) Ashim Kumar Roy, Calcutta High Court & Lokayukta, West Bengal. The other members are Malay Ghatak, minister-in-charge, Law Department, Judicial department and Labour department; Chandrima Bhattacharyya, minister of state (I-C), Finance department, Health & Family Welfare department and Land & Land Reforms and Refugee, Relief & Rehabilitation department; Ld. Advocate General; West Bengal; Sanjay Basu, Ld. Sr. standing counsel for the state of W.B., Supreme Court of India; Director General & Inspector General of Police, West Bengal member-convenor; Commissioner of Police, Kolkata.

It read that in view of the importance and wide-ranging implications of the three laws the state government deems it necessary to constitute a committee that shall examine the following — Suggest state-specific amendments as required to the three criminal laws; Whether the names of the criminal laws are required to be changed at the state level?; Any other matter that the committee may consider necessary.

The notification stated that the committee shall have the power to engage academic experts, senior advocates, research assistants, and other legal experts for seeking their views on the subject matter. It shall also have the power to carry out public consultation and seek opinion from the public. The committee shall submit its findings in a form of a report within 3 (three) months from the date of notification.

The notification highlighted: “Whereas Article 246 (2) of the Constitution states that notwithstanding anything in List-II (State List), Parliament, and, subject to List-I (Union List), the Legislature of any State also has power to make laws with respect to any of the matters enumerated in List-III in the Seventh Schedule (Concurrent List)”. It was pointed out that the state government had written to the Government of India to defer the operation of the said criminal laws but the issues raised by the state were not considered by the Centre.