Karnataka opposes new criminal laws; considers amending rules at State level

Opposing the Bharatiya Nyaya Sanhita (BNS) and two other legislations that came into force from Monday, Karnataka is considering introducing amendments at the State level to amend the new criminal laws.

Revealing this at a press conference on Monday, Law and Parliamentary Affairs Minister HK Patil said the Central government should defer the implementation of the new criminal laws until it included the recommendations suggested by the State government last year.

Stating that any government that makes a law has the moral right to enforce it during its tenure, Mr. Patil said implementing it after the government’s tenure is over is an unethical and politically inappropriate move. “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.

Pointing out that the Centre had written to Karnataka Chief Minister Siddaramaiah last year asking for the government’s opinion and suggestions on the proposed new laws, he said: “Mr. Siddaramaiah had written to the Central government explaining the various recommendations of the State government. The Centre has not considered a majority of them.”

Mr. Siddaramaiah had written to Union Home Minister Amit Shah in October last year with 23 suggestions for changes in BNS, Bharatiya Nagarika Nyaya Sanhita (BNNS), and Bharatiya Sakshya Adhiniyam (BSA) Bills. The recommendations were based on an expert committee formed in the State to look into the new 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,” Mr. Patil said.

State govt. empowered to amend

Asserting that the State government is empowered to amend the new laws, Mr. Patil said: “While hunger strike against the government is an offence under this law, it is unfortunate that suicide is not a crime.”

“We are mulling over amendments to provisions under BNS and other laws that criminalise hunger strikes. Another amendment is related to the definition of ‘organised crime’. The definition of ‘organised crime’ in the new law is vague. Based on such unclear terms, the laws allow investigating agencies to make unilateral decisions,” he said.

For cybercrimes, economic offences, investing in tax havens, and other tech-related crimes, the State government is considering introducing a separate chapter, the Minister said.

“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 added.

On the Bengaluru city Police Commissioner’s statement that the new laws will be implemented, Mr. Patil said: “As Law and Parliamentary Affairs Minister, I am empowered to amend the new rules. Although cases are being booked under the new laws now, the police will have to follow the revised rules after the State amends it.”