On Monday, senior advocate Arvind Datar has expressed that there was no need to replace the Indian Penal Code which has been there for the past 160 years. Arvind Datar told CNBC-TV18 after Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Friday. Shah introduced bills to replace the Code of Criminal Procedure (CrPC), Indian Penal Code (IPC) and the Indian Evidence Act.

Datar suggested that certain sections could have been added instead of replacing the act. He also stressed that the cost of implementation for this provisioned law would be immense as everyone will have to be made to relearn.

“The IPC is now there for almost 160 years and lawyers who practice in the criminal side have not seen any major concern with the IPC. We have been completely used to various provisions.... So there was no need for a complete overhaul. They could have added these sections like terrorism etc at appropriate places," Datar said.

Datar suggested that the government should have considered introduction of a discussion paper prior to bringing such a major change. The Bills have been referred to a parliamentary committee that should invite comments from various bar associations and stakeholders, Datar stated.

The IPC 1860 will be replaced by the Bharatiya Nyaya Sanhita. The Bharatiya Nagarik Suraksha bill, 2023, will replace the CrPC 1973. The Bharatiya Sakshya Bill, 2023, will govern the rules and procedures on evidences in place of the Indian Evidence Act, 1872.

“Intentions are good but they could have achieved the same objective with tweaking the law rather than replacing the law.” Datar said, “So, the parliamentary committee must really get into the details. But I really hope that they drop this idea of having these three new laws as there is no need, you can just amend the laws. The cost of implementing these new laws is going to be huge."

Datar highlighted that everybody will have to relearn the law, especially judges who will have read the provisions again.

Majeed Memon, criminal lawyer and TMC leader targeted the government in conversation with CNBC-TV18 and said, “This is not a small job that you thought of it and if you have numbers you will get the bills passed through voice vote or something like that, that would be disastrous." However, he emphasised that the reform in the criminal justice system would be a gigantic job as the syllabus of the law courses will have to be changed.

“You will have to teach students something new that you are bringing in... So it might take 15-20 years to change the whole outlook of the criminal justice system. Also, there is no need to take such a marathon burden on yourself.”

Memon appreciated the government’s efforts for trying to bring reform in the criminal justice system. But, he also feels that the state has failed in its constitutional commitment of providing inexpensive and speedy justice to every citizen.

“The constitution which is the apex law has to be neither too rigid nor too flexible in order to serve the need of the people governed under it. The laws have to be changing with the change in society,” Memon added

Memon also stressed upon the need for the laws to be relooked, however, not in a lock, stock and barrel manner.