Transformative Legal Horizons - Unveiling India's Pioneering Criminal Law Reforms
- comsockmc
- Mar 6, 2024
- 3 min read
INTRODUCTION
On December 21, 2023, the Parliament passed The Bharatiya Nyaya Sanhita, The Bharatiya Nagarik Suraksha Sanhita, and The Bharatiya Sakshya Adhiniyam, 2023, replacing the Indian Penal Code (45 of 1860), Code of Criminal Procedure, 1973 (2 of 1974), and Indian Evidence Act, 1872 (1 of 1872), respectively. The passage of these laws signals a shift in India’s justice system.
While the existing legal frameworks have served the country for an extended period, the new criminal law reforms represent a meaningful progression towards justice system improvement aimed at building legislation that is more responsive, equitable, and better suited to meet society's evolving needs. These law reform initiatives are seen as critical upgrades to the Indian Justice System, acknowledging the historical constraints in the laws initially established during the colonial era for prevailing their rule rather than influencing justice.
OVERVIEW OF THE ACTS
A. Bharatiya Nyaya Sanhita, 2023
This legislation is a nuanced effort to redefine offences, distinguish between major and petty crimes, and prescribe stringent penalties for the former. Key features include:
Definition of terrorism and related offences, addressing contemporary challenges.
The repeal of the sedition offence was criticised as a colonial relic limiting free speech.
Capital punishment for mob lynching.
Imprisonment for sexual intercourse on false promises of marriage.
Introduction of community service as a form of punishment.
There is a maximum limit of 180 days to file a charge sheet for expedited trials.
B. Bharatiya Nagarik Suraksha Sanhita, 2023
This law focuses on humanising the criminal justice system, introducing timelines for investigations, and replacing outdated terminology. Key features include:
Promotion of technology for trials, appeals, and recording depositions.
Mandatory video recording of statements in sexual violence cases.
Police accountability with a 90-day timeframe for complaint status updates.
Safeguards against arrest without approval for certain offences or age groups.
Victim consultation before withdrawing a case.
In-absentia trials for absconding criminals are based on electronic records.
Defined timelines for filing mercy petitions in death sentence cases.
C. Bharatiya Sakshya Adhiniyam, 2023
Recognising the role of technology in legal proceedings, this law defines electronic evidence broadly and emphasises factors like authenticity and integrity. Key features include:
Definition of electronic evidence.
Criteria for admissibility, preventing misuse or tampering.
There are special provisions for the admissibility of DNA evidence and expert opinions.
The presumption of innocence is a fundamental principle of the criminal justice system.
EXPLORING CONTROVERSIES: CRITIQUES OF THE LEGISLATIVE REFORMS
While these reforms aim to enhance the safety and security of citizens, concerns have been raised regarding the potential for stringent laws to exacerbate issues such as police brutality. Some of the reasons for this critique are as follows:
The extended police custody period (from 15 to 90 days) raises concerns over the increased potential for brutality and abuse.
Critics contend that the expanded definition of terrorism lacks clarity and may be exploited for political convenience.
The legislation's enactment without thorough deliberation prompts concerns regarding its influence and impartiality.
Severe penalties introduced by BNS for hit-and-run incidents triggered protests among truck drivers.
Comparison with previous IPC provisions (Section 304A) underscored differences in penalties and raised questions about the adequacy of the legal framework.
CONCLUSION
The modernization of criminal law represents more than a legal transformation; it underscores a profound commitment to justice aligned with evolving societal needs. These reforms position India towards a more equitable, accessible, and responsive legal framework. A notable change is the establishment of independent directors of prosecution in each district, a significant step in fortifying the system at the grassroots level, enhancing fairness, and fostering public trust. In conclusion, the enactment of these groundbreaking laws marks a pivotal moment in India's legal landscape, promising a future where justice is not only delivered but is also inclusive and reflective of the nation's dynamic ethos. Ongoing efforts for progressive legal reforms within defined timelines are crucial for strengthening the criminal justice system and aligning it with the evolving needs of society.
-By
Sayan Deb Roy, Member, The Commerce Society
Message The Commerce Society | KMC
REFERENCES
IPC, CrPC, Evidence Act, Bharatiya Nyaya Sanhita, Code of Criminal Procedure, Bharatiya Nagarik Suraksha Sanhita, Mob Lynching, and the Official Language Act.
Commentaires