Chief Minister Mamata Banerjee has written to Prime Minister Narendra Modi expressing “grave concern” over the impending implementation of the three new criminal laws from 1 July, and has urged the PM “to consider at least a deferment of the implementation date”. The three new criminal laws ~ the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshaya Adhiniyam, 2023 ~ to replace the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872, respectively, were notified on 25 December 2023 and will come into effect on 1 July 2024.

Miss Banerjee, in a letter to PM Modi, said: “I write to you with grave concern regarding the impending implementation of three crucial laws, namely The Bharatiya Nyaya Sanhita (BNA) 2023, The Bharatiya Sakhsya Adhiniyam (BSA) 2023, and The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.” She said the three laws which were passed with absolutely no debate in Parliament deserve a review now. “If you kindly recall, on the 20th of December last year, the outgoing Government of yours had passed these three critical Bills unilaterally, and with absolutely no debate. That day, almost one hundred members of the Lok Sabha had been suspended and a total 146 MPs of the both Houses were thrown out of the Parliament. The Bills were passed in an authoritarian manner in that dark hour of democracy. Matter deserves review now,” she stated. “I urge your esteemed office now to consider at least a deferment of the implementation date. Reasons are twofold: ethical, and practical,” Miss Banerjee said. “Ethically, I believe it would be in the fitness of things to place those significant legislative changes before the newly elected Parliament for fresh deliberation and scrutiny. Given the wide-ranging reservations expressed in the public domain regarding the hurriedly passed new laws, fresh parliamentary review of these attempts would demonstrate a commitment to democratic principles and foster greater transparency and accountability in the legislative process.

This approach would afford the newly elected people’s representatives the opportunity to thoroughly examine the proposed reforms, address concerns raise by various stakeholders and ensure that the laws reflect the collective will and aspirations of the citizenry. Such renewed parliamentary oversight mandate would reinforce public confidence in the legislative process and enhance the legitimacy of the legal reforms,” she wrote. “Practically, the request for postponement stems from a pragmatic assessment of the challenges and preparatory work required for smooth transition, particularly concerning the training programme of law enforcement personnel and Judicial Officers,” Miss Banerjee wrote. The CM also argued that any far-reaching legal change would require meticulous groundwork beforehand to ensure effective enforcement and administration.