It is claimed by BNS that it preserves a lot of offenses under the IPC. At this juncture, BNS defines small organized crimes as illegal activities. Among them consist of stealing automobiles, pick pocketing, hawking public examination papers as well as additional sorts of organized criminal offenses executed by gangs. These crimes are said to be so if they (i) instill insecurity in citizens at large and (ii) are perpetrated by organized criminal groups or gangs including mobile organized crime set up.

The term “general feelings of insecurity” is undefined, and the Bharatiya Nyaya Sanhita also does not define terms such as ‘gang,’ ‘anchor points,’ and ‘mobile organized crime groups’.”

While emphasizing one of the key areas of concern in the Bill, the Kenya Law Reform Commission (KLRC) has argued that it provides for detention for 15 days by the police, which can be authorized during either the first 40 days or 60 days of the 60 day or 90 day period of judicial custody. This modality could mean that bail would be impossible for the entire duration in the event that they have not used all of the 15 days under police custody.

The petition relied on the recent Supreme Court case of V. SenthilBalaji v.State where the Court had made a reference to a larger bench. What is before us is whether the 15-day remand period for police custody should be limited to the first 15 days or extended to cover the whole investigation period which could be 60 or 90 days, as the case may be.

“The Bill amends the provisions related to detention, police custody and use of handcuffs, which will present issues.”

According to the petitioners, the reason why there was no real parliamentary discussion of these bills is that they expeditiously became laws before most of the MPs were excommunicated. As a result, they have not been discussed nor contested. Importantly, on 20th December when the pertinent bills were passed in the Lok Sabha, a hundred and forty-one suspended opposition MPs (from either house) were involved.

It was also noted in the petition that there was a time in 2021 that the former Chief Justice of India, NV Ramana, was worried about the making of laws without the necessary parliamentary discussions.

A staple of democratic lawmaking is a parliamentary debate. The members deliberate over these bills first before voting on them in the legislative chambers. Because these sessions are open to the public, they enable Members of Parliament (MPs) to articulate their people’s opinions within the house and air out voters’ issues.

 Its concerns about BSA are the last point it raises. It argues that BSA is welcomed due to its provision for digital documents, but it does not suggest any ways to protect them from changing or polluting during inquiries.

The main problems facing the Bharatiya Sakshya Adhiniyam, 2023 is that According to the Supreme Court, it is possible to tamper with electronic records… For any electronic record to qualify as a document, it has to be authenticated by means of a certificate. Regarding its admissibility, the Bharatiya Sakshya Adhiniyam, 2023 maintains these stipulations. Also, electronic proof is classified as documents under the Bharatiya Sakshya Adhiniyam, 2023 (without requiring certification).

More work to do:  Legal workload can increase when new criminal bills soak in hence leading to more cases that legal practitioners need to work on especially lawyers which implies stretched out of resources and time for adequate legal representation

Complication and vagueness : may result from the introduction of additional penal legislation, or language may become difficult to comprehend while the law itself is complicated. They may therefore find it difficult to interpret and navigate such complexities with resultant legal delays thus causing ambiguity for attorney folksaid the lawyer.

Continuing Legal Education: It is important for lawyers to access information about the different kinds of new criminal laws so that they can remain active in the practise necessitating continuous training. If you want to relocate the menus, images, and so on to another place in the webpage, what you can do is to adjust some items so that they fit to the way needs them. A trainee in sales can use this information for different things including clients and also for his colleagues in future.”

Impact on legal practice: Changes in legal profession due to new criminal lawsAs a result of new criminalization, there may be need for changes in legal profession that would force the lawyers to adjust strategies, case preparations and advocacy skills to conform to the changing legal environment.

Increased Legal Scrutiny: The new legislation increases the likelihood that attorneys representing criminal defendants may have difficulties associated with maintaining client confidences, sticking to ethical standards, or adhering to new laws.

 Resource Constraints:  Resource limitations stemming from the size of a law firm can affect its ability to update its legal libraries, access the most recent case law references, and obtain other required materials for representing clients who need services under new criminal statutes, particularly in the case of those based on old acts.

Procedural Changes and Court Practices: There may be a need for a change in litigations procedures, filing demands and standards of what constitutes evidence if two distinct bills are passed into law. A pair of documents whose final form has not yet been released from the scrutinizing eyes may demand that attorneys embrace the changed nature of litigations by better understanding court practices when filing lawsuits and rules concerning what constitutes evidence.

Potential for Legal Advocacy Restrictions: Some lawyers may be restricted or limited in how vigorous they are when acting on behalf of their clients due to specific sections of the new criminal bills being implemented. This might affect their ability to offer strong legal defence services. It is possible for the enactment of new criminal laws to interfere with such services as access to free qualified counsel as well as voluntary work representing people facing various offences; hence specific groups within society may lack comprehensive representation by an attorney during court trials since these individuals do not access any help from attorneys available at no cost for them.

Further, the new criminal laws do not have large differences compared to the previous ones. As a result, individuals may not understand them properly, and there is a likelihood of police having more authority over them hence infringing upon their basic rights. While they sought to make Indian laws less colonial, these laws have mostly been repeated with no fresh understanding being provided. Instead, they give powers that can scare people or violate some of their liberties.”