BENGALURU: In a move that could send shockwaves through India’s political and legal circles, Supreme Court advocate KV Dhananjay has urged Chief Minister Siddaramaiah to repeal the new criminal law reforms within the state’s borders through legislative measures.
He told TNIE, “This unexpected development could thrust Karnataka into the national spotlight, setting the stage for a constitutional showdown between the state and central governments.’’
In a letter to Siddaramaiah, Opposition leader R Ashoka and Law Minister HK Patil, Dhananjay urged the state government to take immediate action to legislatively repeal the Bharatiya Nyaya Samhita (BNS) and its companion legislation, the Bharatiya Nagarik
Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023. These new laws will come into effect on Monday, replacing the long-standing Indian Penal Code (IPC), 1860 , Criminal Procedure Code (CrPC) 1973 and the Indian Evidence Act, 1872.
“A repeal of the new laws by the Karnataka legislature would restore the earlier laws within Karnataka’s borders, but would require the assent of the President of India,’’ Dhanajnay said.
He stated that BNS is little more than a repackaged version of IPC, with an estimated 75-80% of its language directly lifted from its predecessor.
Of particular concern, Dhananjay states in his letter, is the certainty of chaos and confusion in the criminal justice system. He warns that law enforcement agencies and the judiciary, already overburdened, will struggle to adapt to the new framework. This could simply end up creating more opportunities for criminals to exploit, he states.
The letter also suggests that Hindi titles of the new laws could alienate India’s diverse states and union territories. This move, Dhananjay argues, risks being interpreted as an imposition of a narrow, nationalistic vision on India’s legal system.
The state government is yet to respond officially to his request.