The landscape of Indian criminal law is set for a transformative shift with the introduction of three groundbreaking legislations: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Saksha Adhiniyam (BSA). These statutes, aimed at replacing the archaic Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act, will be implemented from July 1 this year, as announced by the Central Government.
Arjun Ram Meghwal, the newly appointed Minister of Law and Justice, has initiated a comprehensive review of the litigation system in India. This review seeks to gather stakeholder feedback and streamline the backlog of government lawsuits, all under the aegis of a new National Litigation Policy. His first act in office underscores the urgency and commitment to overhaul the existing legal framework.
The government notification declared that the majority of BNS provisions, barring sub-section (2) of Section 106, will be enacted from July 1, 2024. Identical timelines have been set for BNSS and BSA. Notably, Section 106(2) of BNS, which addresses hit-and-run cases with stringent penalties including a ₹7 lakh fine and a decade-long imprisonment, has been postponed following substantial protests from the trucking community earlier this year.
Significant reforms in these new laws include a focused approach on terrorism, state offenses, digital FIRs, and corruption in electoral processes. They also recognize electronic evidence as primary proof and provide distinct definitions for crimes such as lynching. Enhanced punishments are prescribed for offenses against women and children, marking a progressive stride in protecting vulnerable groups.
Home Minister Amit Shah highlighted the colonial vestiges of the existing laws, emphasizing their punitive rather than justice-oriented nature. In a parliamentary address, he stated, “These laws were designed by the British to control us, not to deliver justice.” With this reform, Prime Minister Narendra Modi aims to erase these colonial imprints.
The BNS, comprising 356 sections compared to the IPC’s 511, introduces eight new sections, amends 175, and repeals 22. Similarly, BNSS, the new avatar of CrPC, now has 533 sections, with 160 amendments, nine additions, and nine repeals. The BSA, replacing the Indian Evidence Act, includes 170 sections, up from 167.
The new legal framework emphasizes electronic documentation, including zero-FIRs, e-FIRs, and digital charge sheets. Victims will receive information digitally. A Directorate of Prosecution is established, outlining the roles and responsibilities of prosecuting authorities and ensuring coordination during investigations through prosecutorial oversight.
Prakash Singh, former Director General of Police of Uttar Pradesh, praised the transparency and intent behind the new codes but cautioned against the rapid implementation. He observed, “The British-era laws have served us for years. We need thoroughness in our new laws, and training thousands of officers will take time.”
The Ministry of Home Affairs has assured that these laws will be implemented nationwide within a year, starting with union territories like Chandigarh and Delhi. They are also investing in 900 forensic labs and training 3,000 police trainers to educate officers on the new laws. Confidential sources reveal that training sessions are already underway in Chandigarh and Delhi.
In his inaugural press briefing, Meghwal envisioned India as a future arbitration hub. He questioned the necessity of arbitration in foreign locales like Singapore and London when it can be effectively conducted in India. Highlighting the Mediation Act’s passage, he emphasized the potential for swift dispute resolution and reduced court backlogs.
The new criminal laws signify a pivotal moment in India’s legal history, promising a justice system that aligns with contemporary needs and societal aspirations.
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