Defer implementation of three new criminal laws: CM Mamata Banerjee to PM Modi

KOLKATA: West Bengal Chief Minister Mamata Banerjee has written to Prime Minister Narendra Modi expressing "grave concern" over the implementation of three new criminal laws, the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023 and has urged the PM "to consider at least a deferment of the implementation date."

The three new criminal laws-- the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshaya Adhiniyam, 2023-- to replace the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 were notified on December 25, 2023 and will come into effect on July 1, 2024.

CM Banerjee in a letter to PM Modi on Thursday said "I write to you with grave concern regarding the impending implementation of three crucial laws, namely The Bharatiya Nyaya Sanhita (BNA) 2023, The Bharatiya Sakhsya Adhiniyam (BSA) 2023, and The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023."

She said three Bills which were passed with absolutely no debate deserve review now.

"If you kindly recall, on the 20th of December last year, the outgoing Government of yours had passed these three critical Bills unilaterally, and with absolutely no debate. That day, almost one hundred members of the Lok Sabha had been suspended and a total 146 MPs of the both Houses were thrown out of the Parliament. The Bills were passed in an authoritarian manner in that dark hour of democracy. Matter deserves review now," she added.

"I urge your esteemed office now to consider at least a deferment of the implementation date. Reasons are two-fold: ethical, and practical," CM Banerjee said.

Bharatiya Nyaya Sanhita will have 358 sections (instead of 511 sections in the IPC). A total of 20 new crimes have been added to the bill, and the imprisonment sentence has been increased for 33 of them. The amount of the fine has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty of community service has been introduced for six crimes and 19 sections have been repealed or removed from the bill.

Bharatiya Nagrik Suraksha Sanhita will have 531 sections (in place of 484 sections of CrPC). A total of 177 provisions have been changed in the bill, and nine new sections as well as 39 new sub-sections have been added to it. The draft act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provision has been added at 35 places.

A total of 14 sections have been repealed and removed from the bill, Bharatiya Sakshya Adhiniyam will have 170 provisions (instead of the original 167 provisions), and a total of 24 provisions have been changed. Two new provisions and six sub-provisions have been added and six provisions have been repealed or deleted from the bill. The recent criminal justice reform in India marks a significant shift in priorities, placing crimes against women, children, and the nation at the forefront. This stands in stark contrast to colonial-era laws, where concerns like treason and treasury offences outweighed the needs of ordinary citizens.