There was no demand in India that the laws be changed. We are not referring to tinkering, meaning removing and adding that which becomes necessary with changing times. We are referring to taking down an edifice fully and dismantling it without reason.  ://thewire.in/law/if-the-indian-penal-code-aint-broke-break-it

First, that the new laws would likely increase litigation. Lawyer Sanjay Hegde has pointed out that after making bounced cheques a criminal offence, courts have been flooded with new litigation on this. Lawyer Colin Gonsalves has asked why the police were being given more arbitrary powers over citizens than even in the colonial period.

Lawyer and Congressman Abhishek “Manu” Singhvi has asked why the non-existent (according to the government itself) phenomenon of “love jihad” was being added to offences with a 10-year sentence. Yet others have pointed out that sedition, under a new name, remains under the penal code.

They will not only require the judiciary, police, lawyers and the public to know new laws but it will also endanger settled jurisprudence on the old laws and open up all sorts of minor and major problems that currently do not exist. Precedents, the basis of common law, which we follow, will come undone. Whose then was asking for a change? Not the judges or the police or lawyers or citizens.

Lawyer Sanjay Hegde has warned that once introduced, our new Sanhita will be even more disruptive than demonetisation.

One hopes that this is not the case 

by Aakar Patel

26/12/2023