The Bar Council of India (BCI) Has Requested Bar Associations Across The Country To refrain from Organizing Strikes Against The Three New Criminal Laws

BY: THE LEX TIMES

The Bar Council of India (BCI) has requested Bar Associations across the country to refrain from organizing strikes, protests, or agitations against the three new criminal laws set to take effect on July 1. In a statement released on June 26, the BCI pledged to establish a committee of senior lawyers, former judges, impartial social activists, and journalists to address concerns raised about the new laws.

This statement follows notifications from several Bar Associations indicating plans for indefinite protests unless the new laws are suspended and subjected to comprehensive national discussions and a thorough parliamentary review.

The BCI’s Chairman, Manan Kumar Mishra, reassured the legal community that their concerns are being taken seriously, emphasizing that there is no immediate need for protests or strikes regarding this matter.

The three new laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—are set to replace colonial-era criminal laws such as the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, introducing several reforms.

These laws were passed by the Lok Sabha on December 20, 2023, during the suspension of 97 opposition Members of Parliament, and subsequently by the Rajya Sabha the following day. The passage of these laws has generated controversy regarding their impact on existing criminal cases, practical implementation challenges, and even their names.

The State Bar Council of West Bengal has resolved to observe July 1 as ‘Black Day,’ criticizing the new laws as anti-people and undemocratic, and likely to cause significant hardships to the general public.

In response to these developments, the BCI has promised to engage in discussions with the Central government to convey the legal community’s concerns about the new laws. The BCI has also sought the intervention of Union Minister for Environment Bhupendra Yadav, who is also an advocate, to mediate the issue.

Furthermore, the BCI has called on all Bar Associations and senior advocates to identify specific provisions of the new laws that they consider unconstitutional or harmful, to facilitate constructive dialogue with the government. The BCI noted that during an International Lawyers’ Conference in September 2023, the Union Home Minister assured that the government is open to amending any provisions of these laws if valid concerns are raised.

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