Three new criminal laws came into effect all over India from July 1. The Bharatiya Nyaya Sanhita (BNS) has taken over from the Indian Penal Code, 1860, while the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the Code of Criminal Procedure, 1973, and the Bharatiya Sakshya Adhiniyam (BSA) has come in place of the Indian Evidence Act, 1872. The nomenclature changed from punishment to justice (nyaya) reflects a paradigm shift in thinking about the criminal justice system. All across the country, new FIRs were registered under these modernised laws. However, cases filed before July 1 will continue under the old laws until they reach their final conclusion.
Despite facing teething problems, the new criminal laws will surmount all challenges and sail through due to a robust judicial system prevalent in the country. However, besides the district judiciary where most of the trials are conducted, a lot of interpretative processes would happen and come up before the higher judiciary for interpretation. Here, the process for which these laws have been enacted should be the basis of interpretation at the High Court levels when such challenges come before them.
For instance, the BNSS has introduced measures to expedite justice by prescribed time-limits for procedural actions and mandating forensic science in serious investigations, plus changes like introducing preliminary investigations, Zero FIR, e-FIRs, plus the need for the state machinery to augment its infrastructure. It is important to impart proper training on the new laws for the police who are the first point of contact with the citizens. If a police officer registers a FIR citing wrong legal provisions, then the FIR itself would be susceptible to challenges.
The journey towards these reforms began six months ago when the laws were enacted, following extensive consultations with key stakeholders such as Supreme Court judges, governors, civil servants, police officers, and lawmakers. Union Home Minister Amit Shah played a pivotal role, conducting 158 meetings and incorporating around 3,200 suggestions into the drafting process. The laws were scrutinised by a Parliamentary committee, with most recommendations being accepted before being presented to Parliament for approval. The consultation process took four years before enactment of the laws six months ago.
The new laws also prioritise swift justice for crimes against women and children, ensuring completion of investigations within two months of filing. Victims are entitled to regular updates on their cases within 90 days, and courts are empowered to limit adjournments to expedite proceedings. The focus of these reforms is on enhancing justice delivery while safeguarding the rights of both victims and accused individuals, moving away from punitive measures alone. These legislative changes mark a significant step towards modernising India’s criminal justice system, aligning it with contemporary needs and global standards.
