Representative image showing a gavel.
Credit: iStock Photo
Noted criminal lawyer and senior advocate Sidharth Luthra has said the three new criminal laws are majorly a rehash and restructuring of the old. He said there are some changes which are positive such as deletion of some offences and introduction of community service and gender neutrality.
"The introduction of organised crime and terrorism are notable additions and it will have to be seen how they are applied as they are also covered by special laws." Many words in these additions are not defined and will need intervention by legislatures or the court.
As regards BNSS, he said the strengthening of the ability to take remand is tampered by a provision that it will not restrict bail. The timelines for trial and investigation and focus on forensics and technology is excellent but without buffering human resources and infrastructure, this will prove to be inconsequential.
Advocate Luthra further said the BSA increases the use of technology but opens up the relevance and use of confessions as evidence which will have to be tested against Articles 20 and 21.