Karnataka considers state-level amendments to challenge new criminal laws
According to a top crime branch officer in Bengaluru, investigators are presently aware of the requirements of a case as well as what the court expects
Karnataka plans to propose state-level amendments to modify the new criminal laws in opposition to the three new criminal laws that came into force on July 1st, 2024. Dr B R Ravikanthe Gowda, Inspector General of Police (Central Range) told DH, “Cases on and after July 1 will be dealt with as per the provisions of the new criminal laws. The challenge for the police is to keep in mind both procedures as we proceed with investigation.”
The Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act will be replaced, respectively, by the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act. The state government’s recommendations from a year ago should be incorporated into the new criminal laws before the Central government implements them, according to Law and Parliamentary Affairs Minister HK Patil, who made this revelation during a press conference on Monday.
“The police have to deal with both laws in terms of collection of evidence and criminal procedure, since old law will still be applicable for cases registered on or before June 30,” added Gowda.
According to a top crime branch officer in Bengaluru, investigators are presently aware of the requirements of a case as well as what the court expects. According to Patil, any government that enacts laws has the moral right to uphold them while in office, but it is unethical and wrong from a political and moral standpoint to carry them out after the government has left office.
Human Rights Concerns and Amendments to Police Powers
“The decision made by the Cabinet of the previous government is not right to be implemented now. They had the right to enforce it. It is inappropriate that it has been implemented after the new government took over,” he said.
“Siddaramaiah had written to the Central government explaining the various recommendations of the state government. The Centre has not considered a majority of them,” he added. Siddaramaiah proposed 23 changes to the BNS, Bharatiya Sakshya Adhiniyam (BSA), and Bharatiya Nagarika Nyaya Sanhita (BNNS) Bills in a letter to Union Home Minister Amit Shah in October 2023.
Specialized Training for Police Officers on New Criminal Laws
“If the Centre does not heed the State’s request to defer the implementation of these laws that have been promulgated ignoring public opinion and the suggestion of the legal luminaries, Karnataka will make use of the Constitutional provisions to enact amendments,” Patil said.
“While hunger strike against the government is an offense under this law, it is unfortunate that suicide is not a crime,” Patil added.
“We are mulling over amendments to provisions under BNS and other laws that criminalize hunger strikes. Another amendment is related to the definition of ‘organized crime’. The definition of ‘organized crime’ in the new law is vague. Based on such unclear terms, the laws allow investigating agencies to make unilateral decisions,” he continued. According to the Minister, the state government is considering establishing a separate chapter for offenses involving technology, including economic offenses, investing in tax havens, cybercrimes, and other offenses of a similar kind.
“The BSA allows police custody for 90 days, which is a violation of human rights. Amendments will be made to reduce the duration of police custody. The police, under the new laws, are empowered to seize the properties of those involved in criminal activities. An amendment will ensure that only courts are empowered to seize properties,” he continued.
To help them grasp the new rules, police officers in the state have been participating in concentrated, rigorous training programs for the past four months. Senior officials, including Inspectors, Deputy Superintendents of Police, and Superintendents of Police (SPs), received training during the first phase.
Subsequently, master trainers were selected from among them and assigned to instruct subordinate officials and station officials. Law specialists attended orientation camps at the Karnataka Police Academy in Mysuru. The Minister claims that the state government is thinking of creating a different chapter for crimes involving technology, such as cybercrimes, investing in tax havens, economic offenses, and other comparable crimes.
“In the central range, an online training programme was held to introduce every official from the ranks of the constable to the SP to these new laws, particularly on the major changes and additions. Every Sunday, during the general roll call, trainings were held. Also, a board with major changes in the three laws has been put up at each police station, so that officials remain aware,” IGP Gowda said, adding that examinations were also held to assess how officials understood new laws.
You might also be interested in – Following the enactment of three new criminal laws today, the following changes are expected
