Indira Jaising, a civil liberties activist and Supreme Court lawyer, has emphasized the importance of "consensus-building" among all stakeholders before the Centre proceeds with the implementation of the three new criminal laws scheduled for July 1.

She has highlighted concerns regarding the perceived "constitutionality" of certain provisions within the Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Sakshya Adhiniyam (BSA). These laws are set to replace the Code of Criminal Procedure, Indian Penal Code, and the Indian Evidence Act, respectively, prompting significant discussions among stakeholders.

"There seems to be no judicial audit conducted of the three new laws on the already overburdened judiciary," Jaising, a former additional solicitor-general, said in a letter to Union law minister Arjun Meghwal.

Copies of the letter have been sent to Chief Justice of India D.Y. Chandrachud, other Supreme Court judges, and Union Home Minister Amit Shah. Jaising argues that the proposed laws could potentially criminalize fundamental civil liberties such as freedom of speech, right to assembly, right to association, and right to demonstrate.

She also noted that while substantive criminal law cannot be applied retrospectively, procedural laws like the BNSS and BSA (intended to replace the CrPC and the Evidence Act) may potentially apply to pending cases, depending on whether such application would prejudice the accused.

“In effect, we will be having two parallel criminal justice systems for the foreseeable future, which can range from 20-30 years,” Jaising wrote.

“In every single pending case, the question will arise ‘which law will apply in a particular case?’. This is quite apart from the question of challenge to the constitutionality of several provisions of the three new criminal laws, which is looming large in people’s minds,” Jaising added.