After getting specific recommendations from the bar members, the BCI promised to set up a committee to make changes to the new criminal statutes.
The Advocates Act of 1961’s Section 4 created the Bar Council of India (BCI), a statutory body that oversees legal practice and education in India. Its members, who speak for the Indian bar, are chosen from among Indian attorneys. It establishes expectations for professional behavior and manners, and it has disciplinary authority over the bar. Additionally, it establishes requirements for legal education and recognizes colleges whose law degrees enable graduates to become advocates.
These Bar Associations have indicated that they want to continue their agitations and protests until these laws are suspended and the topic of extensive national dialogue, which includes a thorough examination by Parliament.
In an appeal to all Bar Associations nationwide, the Bar Council of India (BCI) has asked them to desist from protesting and agitating against the recently implemented criminal laws, the Bharatiya Nyay Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. The aforementioned legislative frameworks are slated to take effect on July 1.
Even in the face of significant legislative changes, the BCI stressed in its statement the need of upholding the rule of law and preserving decorum. The Council recognized that although professionals in the legal field are free to voice their opinions, it is crucial that they do so in a constructive manner through nonviolent means as opposed to through disruptive demonstrations.
The BCI’s appeal for moderation is a reflection of its determination to make sure that the adoption of the new laws proceeds without hitch and doesn’t interfere with the administration of justice or the operation of the legal system. The Council is certain that any issues with the new laws can be resolved by talking with the right authorities and going through the proper legal channels.
The appeal highlights the BCI’s function as the leading authority on the Indian legal profession, with the goal of cultivating a professional milieu that upholds the word and spirit of the law.
The Code of Criminal Procedure, the Indian Evidence Act, and the Indian Penal Code are to be repealed and replaced with these new legal frameworks, which are expected to take effect on July 1.
The BCI stated that it has been contacted by a number of State Bar Councils and Bar Associations voicing concerns regarding certain elements of the recently passed statutes. Numerous Bar Associations also indicated that they intended to start protests against the laws. Prominent legal experts like Dr. Abhishek Manu Singhvi, Senior Advocates Kapil Sibal, Mukul Rohatgi, Vivek Thankha, P Wilson, Dushyant Dave, Indira Jaising, and a number of others have expressed their vehement objection to these regulations, as reported by the BCI.
The Bar Council Of India gave the legal community the assurance that it would seriously consider the issues and that it would communicate the lawyers’ concerns to the Union Law Ministry and the Union Home Ministry.
As an advocate himself, the Bar Council Of India stated that it will attempt to settle the issue through the intervention of Union Environment Minister Bhupendra Yadav.
The Bar Council Of India asked Senior Advocates and other Bar Associations to list the new rules that they believe to be harmful or unconstitutional.
According to BCI Secretary Srimanto Sen, “the BCI will form a committee comprising eminent Senior Advocates, former Judges, social activists, and journalists to propose necessary amendments to the new laws upon receiving specific suggestions from Bar Associations.”
For reference- The West Bengal Bar Council announces a “Black Day” protest on July 1st against the implementation of new criminal laws, calling it “anti-people, undemocratic, and dictatorial.” In opposition to the central government’s planned adoption of three new criminal laws—the Evidence Act, the Criminal Procedure Code, and the Indian Penal Code—the Bar Council of West Bengal has called for a “Black Day” protest on July 1.
According to a resolution from the Council meeting on June 25, 2024, “The Members of the Council express their unanimous views regarding 1) Bharatiya Nyaya Sanhita, 2023; 2) Bharatiya Nagarik Suraksha Sanita, 2023; and 3) Bharatiya Sakshya Adhiniyam, 2023.” The Bar Council of West Bengal, having no other option, raised their protest vehemently against these three Anti-people Acts, according to an excerpt from the resolution reads.
The bar council members have decided to organize protest demonstrations on July 1st, which is designated as “Black Day” for lawyers in West Bengal and the Andaman and Nicobar Islands. The lawyers plan to withdraw from any judicial activity on that day in opposition to the three new criminal laws.
Notably, Live Law had reported on the Bar Council of India’s promise to the different Bar Associations that it will raise with the national government their concerns over the new criminal laws.
Conclusion- The Bar Council of India asks all bar associations to abstain from opposing newly enacted criminal laws and guarantees the legal community that concerns expressed regarding these laws will be given careful consideration.
