India's New Criminal Laws: Modernization or Cosmetic Overhaul?

India's new criminal laws, replacing British-era statutes, have sparked mixed reactions. While some legal experts commend them for modernizing the justice system, others criticize them as mere cosmetic changes. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) aim to streamline judicial processes but face scrutiny over their effectiveness.

India's newly introduced criminal laws, which have replaced outdated British-era statutes, came into effect on July 1, sparking a wave of diverse opinions among legal experts. Some hail the reforms as a significant step towards modernizing the nation's criminal justice system, while others dismiss them as superficial and inadequate.

The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) now supersede the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. Senior advocate Abhishek Singhvi criticized the changes as missing a golden opportunity for true reform, whereas former SCBA president Adish C Aggarwala praised them for aiming to deliver timely justice.

Senior advocates Mahesh Jethmalani and Vikas Pahwa support the new laws, emphasizing the role of technology in expediting trials. Conversely, Congress MP Manish Tewari and activist Kamini Jaiswal condemned the laws as draconian. The Bar Council of India has called for calm, urging bar associations to avoid immediate protest. As debate continues, the effectiveness of these legal reforms remains in question.

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