Notably, the three new criminal laws, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) are slated to come into force on July 1.
These laws are meant to replace the existing colonial-era criminal laws in India, namely the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act.
The move, however, stoked some controversy, including over how it was passed in Parliament, its potential impact on existing criminal cases, the practical challenges involved in implementing the law after such an overhaul and even the names of the new laws.
The State Bar Council of West Bengal on June 26 announced that it would be observing July 1 as ‘Black Day’, after passing a resolution which decried the three laws are anti-people, undemocratic and likely to cause great hardships to the common man.
This Bar Council decision was challenged before the High Court. In the plea, the petitioner challenged the authority of the State Bar Council to call for such a strike.
The High Court has allowed the Bar Council to file its response to the petition within three weeks.
However, in the meanwhile, the Court warned against preventing any lawyer from working on July 1 on account of the Bar Council’s resolution.
“No coercive measures or disciplinary action or any action shall be taken against such advocates who wish to espouse the cause of their clients and who appear for the interest of their clients. The rallies which have been asked to be organized are in the nature of request to the Bar Association, this cannot be treated as a mandate,” the Court said.
Source: Barandbench
