BCI to raise concerns on new criminal laws with Union govt

New Delhi: The Bar Council of India vide a resolution passed on June 26, 2024, acknowledges the numerous representations received from Bar Associations and State Bar Councils across the nation, expressing strong protests against the newly introduced criminal laws ie, The Bharatiya Nyaya Sanhita (BNS), The Bharatiya Nagarik Suraksha Sanhita (BNSS), and The Bharatiya Sakshya Adhiniyam (BSA).

These Bar Associations have signalled their intent to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough nationwide discussions, including a comprehensive review by Parliament.

Concerns have been raised that several provisions of these new laws are perceived to be anti-people, more draconian than the colonial-era laws they intend to replace, and pose a serious threat to the fundamental rights of citizens. Notable legal luminaries such as Kapil Sibal (president, SCBA and member of Parliament), Abhishek Manu Singhvi, Mukul Rohatgi, Vivek Tankha, P Wilson (senior advocates and members of Parliament), Dushyant Dave (senior advocate and former president, SCBA) and Indira Jaising (senior advocate), have voiced strong opposition to these laws. The Bar Council of India requests all Bar Associations to refrain from any form of agitation or protest at this juncture. The BCI will initiate discussions with the Union government, represented by the union home minister and the union law minister, to convey the concerns of the legal fraternity. Additionally, the BCI requests all Bar Associations and senior advocates to submit specific provisions of the new laws they deem unconstitutional or detrimental, to facilitate a productive dialogue with the government.