“New penal laws have Bharat’s soul and spirit…”: SC Bar chief Adish Aggarwala

In a historic move, India has ushered in a new era of criminal justice reforms by replacing archaic colonial-era laws with three key legislations—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita. The President of the Supreme Court Bar Association (SCBA) and Chairman of the All India Bar Association, Dr. Adish Aggarwala, lauded the transformation, stating that these laws embody the soul and spirit of Bharat.

Dr. Aggarwala expressed gratitude towards Prime Minister Narendra Modi and Union Home Minister Amit Shah for their leadership and resolve in passing these crucial bills in Parliament. He emphasized that the overhaul of the prime criminal laws was long overdue, as many provisions had become obsolete, incongruent with contemporary challenges, and outgrown their intended purposes even 75 years after Independence.

“The new laws will bring a sea change in our criminal justice delivery system, aligning it with the ethos of the new Bharat,” declared Dr. Aggarwala. He highlighted key aspects of the reforms, including the classification of mob lynchings as a distinct crime and the inclusion of hate crimes based on race, caste, community, gender, language, or place of origin. Sensitivity training for police and judicial staff was also advocated to handle cases impartially, ensuring respect for the trauma of victims.

The President of the Supreme Court Bar praised improvements such as FIR registration by police officers irrespective of the location of the offense and the time-bound disposal of cases. “These changes not only strengthen the legal system but also restore faith among the citizens of our country,” he remarked.

Dr. Aggarwala emphasized the importance of forensic practices and methodology in investigations, along with the use of audio-visual setups and processes in search and seizure to enhance evidence procurement and the legal process. However, he cautioned against excessive reliance on forensic evidence and called for safeguards to prevent abuse, underscoring the paramount importance of investigative abilities and victim protection schemes.

The legal fraternity across Bharat expressed gratitude for the transformative changes and pledged unstinted support and cooperation to make this historic effort by the union government a success. As India takes this significant step towards a more progressive and contemporary legal framework, the nation anticipates positive outcomes in its pursuit of justice and societal harmony.