Bar Council of Delhi requests Centre to defer 3 criminal laws: ‘Utter disregard of constitutional principles’

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, whose intended goal is to replace India’s “colonial laws”, will be applicable from Monday.

Flagging the expansion of the maximum period of police custody, the letter read: “… enlargement of the period for police detention from 15 to 60/90 days u/s 187(3) of New Code, is atrocious and oppressive to say the least.”

The BCD also alleged that the new laws will “usurp the powers of the Delhi Government” in terms of appointing Public Prosecutors and will give the powers to the Central Government. This, the Council alleged, will ensure that the Prosecutors are kept “under the thumb” of the Central Government.

The letter also claimed that the police in India function with a “colonial mindset” and that their insensitivity towards human rights was a matter of record. It was further alleged that police acted on their whims and fancies when they had to arrest and detain citizens.

“… these tendencies have deep roots in the present police structure and have remained unchanged,” the letter further stated.

Excessive powers to the police can lead to the growth of authoritarianism which could shake the “very foundation of democracy”, the letter said.

“It is therefore requested that the date for enforcement of these laws may be deferred and, in the meantime, these laws may be comprehensively discussed to bring amendments to be in consonance with Constitution of India and law laid down by the Hon’ble Apex Court and the reports· of various Commission’s constituted by Government of India,” it said.