B. Vinod Kumar
| Photo Credit: NAGARA GOPAL
BRS senior leader and former MP B. Vinod Kumar expressed serious objections regarding the implementation of three recently introduced criminal law Acts: The Bharatiya Nyaya Sanhita, 2023; The Bharatiya Nagarika Suraksha Sanhita, 2023; and The Bharatiya Karme Sanhita, 2023. He called for urgent revisions to align with Constitutional safeguards and judicial precedents.
In separate letters addressed to Union Home Minister Amit Shah and Union Law and Justice Minister Arjun Ram Meghwal, Mr. Vinod Kumar, who is also a lawyer, highlighted several critical issues. He urged a comprehensive review and broader stakeholder consultation before the Acts come into force on July 1.
Mr. Vinod Kumar stated that the Hindi titles of the new Acts contravene Article 348 of the Indian Constitution, which mandates that all Acts must be drafted in English. He stressed that this not only violates Constitutional provisions but also creates practical difficulties for non-Hindi-speaking States, potentially leading to legal misunderstandings and misapplications.
He argued that the lack of thorough consultation with key stakeholders, including State governments, the Judiciary, police authorities, legal professionals, and academicians, is a significant oversight. He emphasised that inclusive dialogue is essential to ensure the reforms are effective and widely accepted.
While acknowledging the introduction of modern measures such as the use of electronic communication and zero FIRs, he argued that the new Acts still retain outdated and potentially harmful provisions. He stressed the need for genuine reforms rather than superficial changes, citing the opportunity to replace archaic laws dating back to the 19th century.
Mr. Vinod Kumar raised specific issues, including the expanded police powers under the Bharatiya Nagarika Suraksha Sanhita, which allows for the use of handcuffs and extended detention periods. He warned that this could lead to potential misuse and abuse of authority, contrary to Supreme Court guidelines on the humane treatment of detainees.
While the inclusion of digital evidence is a progressive step, he raised concerns about privacy violations and the lack of robust data protection measures. He stressed the need for safeguards to prevent the misuse of digital data.
He acknowledged the intention to expedite justice delivery through summary trials and zero FIRs but cautioned that their practical implementation requires careful consideration to avoid procedural delays and ensure fair trials.
Mr. Vinod Kumar also stated that the new Acts place significant power in the hands of law enforcement agencies without adequate judicial oversight, potentially leading to arbitrary arrests and detentions. “Since the Criminal Law Statutes have a greater impact on the lives of the people from all walks of life, it will be proper to conduct consultations with all the stakeholders and consider all the suggestions and recommendations for improvement made by them, in letter and spirit,” he added.
