Karnataka poised to challenge new criminal laws; considers state-level amendments

In opposition to the Bharatiya Nyaya Sanhita (BNS) and two other laws that went into effect on Monday (July 1), Karnataka is thinking of proposing state-level amendments to modify the new criminal laws.

Law and Parliamentary Affairs Minister HK Patil revealed this during a news conference on Monday, stating that the Central government should postpone implementing the new criminal laws until they incorporate the suggestions made by the state government a year ago.

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Patil stated that every government that makes a law has the moral right to enforce it during its time, but that executing it after the government's tenure has ended is immoral and politically improper.

“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.

In October 2023, Siddaramaiah wrote a letter to Union Home Minister Amit Shah proposing 23 amendments to the BNS, Bharatiya Sakshya Adhiniyam (BSA), and Bharatiya Nagarika Nyaya Sanhita (BNNS) Bills.

“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 offence 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 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 continued.

The Minister stated that the state government is thinking of creating a distinct chapter for crimes involving technology, such as cybercrimes, economic offences, investing in tax havens, and other similar offences.

“The BSA allows police custody for 90 days, which is a violation of human rights. Amendmentswill 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.

(With inputs from agencies)