The CJI hopes new criminal justice laws will expedite cases lingering on for long years
Chief Justice of India (CJI) DY Chandrachud has lauded the enactment of new criminal justice laws, hailing it as a watershed moment for the nation’s judicial organ. The judiciary plays a pivotal role in shaping the legal landscape and the CJI’s endorsement of the new laws underscores the profound impact these legislative reforms are poised to have on the Indian society. The recent amendments to criminal justice laws mark a paradigm shift in how the legal system approaches crime, punishment and rehabilitation. With a focus on expediting trials, enhancing victim protection and ensuring fair treatment to all parties involved, these laws signify a departure from archaic colonial practices towards a more equitable and efficient framework. One of the key aspects of the new laws is the emphasis on expeditious trials. Delayed justice has long been a concern in India, with cases hanging in courts for years. At times, individuals awaiting trial may spend more time in jail than they would have if found guilty and sentenced. This situation can extend for years, if not decades. As of December 2022, 4,34,302 prisoners in Indian jails were under trial, which is 75.8 per cent of the total prison population.
The new criminal laws set out to correct this. By streamlining procedures and introducing stringent timelines for trials, the amendments aim to address this issue and ensure that justice is swift and accessible to all. Moreover, the heightened emphasis on victim protection programmes is a crucial development. Victims of crime often find themselves marginalised within the legal process, facing intimidation, harassment and prolonged trauma. The new laws incorporate provisions to safeguard their rights, providing them with legal support, counselling services and other forms of assistance to navigate the judicial system with dignity and resilience. Furthermore, the reforms underscore the principle of equality before the law by ensuring fair treatment to all individuals, irrespective of their social status or background. By promoting transparency, accountability and due processes, the amendments seek to instill public confidence in the legal system. The CJI has rightly emphasised the transformative potential of these legislative changes, highlighting their role in fostering a more just and equitable society. However, while the enactment of these laws represents a significant milestone, their success ultimately hinges on their implementation. Effective enforcement, adequate resource allocation and ongoing monitoring are imperative to ensure that the intended objectives are achieved in practice. Nonetheless, a beginning has been made to correct the existing anomalies. Moreover, the journey towards a more equitable criminal justice system is an ongoing process that requires continuous evaluation and refinement. As societal dynamics evolve and new challenges emerge, it is essential to remain adaptive and responsive, constantly seeking ways to enhance the effectiveness and fairness of the legal framework.
