New criminal law reform bills reflect new tech realities, says senior advocate Pinky Anand

Senior advocate and former additional solicitor general Pinky Anand weighed on the debate of whether the new criminal law reform bills to replace the colonial-era ones are 'draconian' in nature or not.

Speaking to India Today, she said, "Whenever you change the law, some allegation of the other is always made. The point of bringing a new law is that if you amend a law it tends to have various possible contradictions, some ethos that you don't want to repeat. You want to have a law with lesser colonial deference, so that we have our own laws. So, the concept of amendment is a gone concept." 

Three new bills that seek to overhaul the colonial-era criminal laws, making punishments more stringent for crimes such as terrorism, lynching, and offences endangering national security, were approved by Parliament on Thursday.

The bills were passed in the Rajya Sabha by voice vote. The Lok Sabha had approved these on Wednesday.

The bills that repeal and replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act will usher in a new era in the criminal justice system, Home Minister Amit Shah said while replying to a debate in the Upper House of Parliament.

The Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bills will now go to the president for her assent, upon which these will become laws.

The new bills were aimed at revamping the colonial-era criminal laws, with a focus on enhancing penalties for crimes such as terrorism, lynching, and offenses jeopardising national security.

"Government has taken criticisms into account and there's a need for changing with times," she said.

"Police now has power to decide whether the accused will be tried under Bharatiya Nyaya Sanhita (BNS) or Unlawful Activities (Prevention) Act (UAPA)," added the senior advocate. 

Evidence Act's provisions have been changed to reflect new technological realities with acceptance of electronic evidence, Anand added.

Prime Minister Narendra Modi on Thursday hailed the passage of three criminal justice bills that will replace as many colonial-era acts as a watershed moment in India’s history, and said it marked the beginning of a new era with laws centered on public service and welfare.

He added, “These transformative Bills are a testament to India’s commitment to reform. They bring our legal, policing, and investigative systems into the modern era with a focus on technology and forensic science. These bills ensure enhanced protection for the poor, marginalised and vulnerable sections of our society.” These bills, the prime minister said, come down heavily on organised crime, terrorism and such offences which strike at the root of the country’s peaceful journey to progress.

“In our Amrit Kaal, these legal reforms redefine our legal framework to be more relevant and empathy driven,” he said.

She also spoke about human rights activists opposing the 

"There are always allegations of human rights violation when there is a strict anti-terror law. Training and infrastructure will be developed in the coming days. Every new law needs extensive training of the police, lawyers, judges," said Anand.