"Entire exercise is wasteful": P Chidambaram on new criminal laws

New Delhi [India], July 31 : Congress leader P Chidambaram said the entire exercise of enacting the new criminal laws was wasteful and 95 percent of the criminal procedure has been copied and pasted.
Speaking at an event in Delhi, the Congress leader said, "I have compared, in the parliamentary committee, the old law with the new law, section by section. 90 to 95 percent of the IPC has been copied and pasted. 95 percent of the criminal procedure has been copied and pasted."
"If you are copying and pasting, why change the numbers and the sections? These are alienated to a large part of the population. This entire exercise is a waste. It is just to confuse the lawyers, the judges, and the people," he said, taking a dig at the Centre.
He said that the most democratic society has abolished the death penalty, but it has been retained in the new criminal laws.
"Under the Supreme Court order, all sedition cases cannot be tried today. The new section makes it worse. Death penalty has been retained. The most democratic and civilised society has abolished the death penalty," the Congress veteran said.
He argued that convicts serving the death penalty lose their sanity. "Imprisonment is the most rigorous punishment. Why retain the death penalty? No civilised country has solitary confinement. It creates tremendous punishment for the convicts. The convicts lose their sanity."
He said that the Supreme Court has to deal with 80 bail applications daily as trial courts are not giving bail.
"This is completely a retrograde rule. The trial court is not giving bail. That's why SC has to deal with 80 bail application every single day. It has to be struck down," he said.
The Congress leader further said that the opposition bloc will challenge the provisions of the laws in the Supreme Court.
"Eventually, INDIA bloc, we have to gather and challenge the provisions of the laws in the SC. All hell will break loose once these laws are implemented. I condemn these laws," he added.
"Our dissent notes was were even answered by the Home Ministry,' he alleged.
The three new criminal laws are Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).
Under the new criminal laws, which came into force on July 1, 2024, FIR is to be recorded within three days of complaints submitted through electronic communication, providing impetus to the initial phase of criminal cases. The competent court has to now frame charges within 60 days from the first hearing on the charge.
A novel inclusion in the new criminal laws is the introduction of trial in absentia against proclaimed offenders after 90 days from charge framing, expediting proceedings and ensuring timely delivery of justice to victims and society at large.
The criminal courts have now been mandated to pronounce judgements within 45 days after a trial stands concluded to ensure swift justice delivery. Further, the said courts have to upload the judgement within seven days from the date of pronouncement, on their respective portals, improving access to justice for all.