Bar Council of Delhi passed no resolution to defer implementation of new criminal laws: Chairman

NEW DELHI — The Chairman of the Bar Council of Delhi on Tuesday clarified that the state bar regulatory body has passed no resolution seeking deferment of the implementation of the three new criminal laws.

In a letter addressed to Union Home Minister, Chairman Surya Prakash Khatri said that an earlier letter written seeking deferment of the implementation of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) by advocate Sanjeev Nasiar, who is also the Vice-Chairman of the bar body, was made entirely in his personal capacity and did not in any way reflect the stance of the Bar Council of Delhi with regard to the new criminal laws.

“The views expressed in the abovementioned letter are purely the personal views of Mr. Nasiar and not that of the Bar Council of Delhi. No resolution in support of the above stated stance has been passed by the Bar Council of Delhi,” the letter said.

Further, the Chairperson commended the Union Government for enacting the three new criminal laws symbolising the true spirit of ‘nyaya’ as understood in the Indian ethos.

He said that the enactment of BNS, BNSS and BSA has enabled indigenisation of Indian laws and removal of the vestiges of colonialism and the new laws symbolise the true spirit of ‘nyaya’ as understood in the Indian ethos.

Chairperson Khatri commended the government for being especially sensitive to the needs of the security of women and children by incorporating a new and dedicated chapter relating to offences against them in the BNS.

“The introduction of new offences such as “organized crime”, “terrorist act” and “snatching” would help in more effective curbing of crimes. Of special mention is the introduction of Section 48 in BNS which expands the scope of the offence of abetment of criminal acts to outside the territorial jurisdiction of India,” read the letter.

The introduction of technological interventions in the investigation process like audio video recording of search and seizure procedure, recording of evidence in court, etc. in the BNSS will help to make the criminal justice system more efficient and effective, it added.

The Chairman of the Bar Council of Delhi said: “The introduction of procedures like zero FIR and e-FIR would make the process of policing more transparent and would enable greater access to justice. The implementation of the three new criminal laws is a welcome change which will go a long way in strengthening the criminal justice system.”