By Areeka Mir
India’s legal framework is experiencing a significant overhaul with the introduction of new criminal laws. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are set to replace the long-standing Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872. This shift reflects an effort to modernize the legal system to better address contemporary needs while prompting important discussions about implementation and effectiveness.
One of the central issues in this legal evolution is the balance between modernization and the preservation of India’s rich architectural and archaeological heritage. The question arises: Can the country afford to erase or demolish elements of its historical and cultural identity in the pursuit of progress? It is evident that while modernization is crucial, preserving India’s historical and cultural identity remains paramount.
Article 21 of the Indian Constitution guarantees that no person shall be deprived of life or personal liberty except according to a procedure established by law. This fundamental right forms the basis of the Indian Penal Code, the Criminal Procedure Code, and the Indian Evidence Act, which have long served as the cornerstone of the criminal justice system in India. These criminal laws form the bedrock of criminal justice system in India, shaping the day-to-day functioning of society.
The new criminal laws aim to address several pressing issues. For instance, the revised legal framework seeks to promote gender neutrality, a significant shift from previous laws where offenses such as outraging the modesty of a woman were exclusively applicable to male perpetrators. Under the new provisions, both men and women can be held accountable for such crimes.
Additionally, the Bharatiya Nyaya Sanhita introduces new provisions to address contemporary criminal issues. These include offenses related to sexual intercourse by deceitful means, gang rape of minors, mob lynching, organized crime, terrorist acts, and Ponzi schemes. Conversely, the new laws have removed certain offenses such as sedition, attempted suicide, and adultery.
The new laws also incorporate innovative approaches to punishment and the use of technology. Community service has been introduced as a form of punishment for petty offenses and defamation. Furthermore, the integration of technology into the criminal justice system aims to enhance efficiency and safeguard civil liberties. This includes digitization, the use of forensic experts in crime scenes, and the audio-visual recording of searches and seizures.
One of the critical objectives of the new Criminal Procedure Code is to address longstanding delays in the judicial process. The BNSS introduces provisions that allow for the electronic examination of witnesses and evidence, which could significantly reduce delays in trials. Additionally, trials are mandated to be completed within three years, with judgments issued within 45 days of being reserved. While these changes are promising, their success depends on the availability of resources and infrastructure to support these new procedures.
However, the implementation of these new laws faces several challenges. Adequate training for judiciary and law enforcement personnel is crucial to effectively adapt to the new technologies and procedures. Moreover, the current infrastructure may need significant upgrades to support these advancements.
Another area of contention is the naming of the new laws. The use of Hindi names for the new acts has generated criticism, although the government contends that the content of the laws remains in English. This issue highlights concerns about accessibility and regional disparities within the legal system.
In conclusion, the introduction of new criminal laws in India marks a significant step towards modernizing the legal system and addressing contemporary issues. Nonetheless, the effectiveness of these reforms will depend on the successful implementation of new technologies, adequate resources, and ongoing adaptation to evolving legal practices. However, the successful implementation of these reforms will depend on overcoming challenges related to infrastructure, training, and regional accessibility.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The author is an advocate
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