While some legal bodies have criticised the new laws, other see these laws as a transformative step towards a modern justice system
At the onset, with the introduction of three new criminal laws, launched on July 1st, some of the legal bodies and other civil organisations opposed the move stating it to have been introduced without ‘much discussion’ in the Parliament. Whereas, some of legal experts consider it to be a ‘New Avatar’ that will enable the country to have a paradigm shift from favoured colonial laws to a contemporary India. The laws; of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) have replaced the almost 150 years ago laws of the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian
Evidence Act (IEA), formulated during the British regime. The new laws will bring in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes. With around 20 new offences added, 40 offences amended, 83 new fines imposed and six community services introduced, the new laws are all set to deliver speedy justice in the public interest.
The new laws are framed on the lines of 'citizen first, honour first and justice first'.
The general impression is that the police will now need to work with 'data' instead of 'danda' (baton). Universally, introducing and executing a change in any system is a challenging task. Above all, a change in the legal system is a complex mechanism for adaptation. “Change is inevitable, and progressive laws are good for any nation”, says Prof Mahesh Verma, Vice Chancellor, of Indraprastha University.
The police need to understand that they they cannot refuse to register an FIR based on lack of jurisdiction or disputed jurisdiction. It is tough for them to bring it into practice as the number of cases filed in their jurisdiction will bring in a bad repute for their respective Police station.
They are now legally bound to register (Zero FIR) and transfer such a case to the respective police station. Section 37 of the BNSS requires a police officer in every police station, not below the rank of Assistant Sub-inspector, to be responsible for maintaining and prominently displaying information about the arrested persons. Justice M L Mehta, Former Judge of Delhi High Court says, “Law is a set of norms emulated by state for the welfare of the people. Law is the efficacious remedy for legal system. Delays are unavoidable mechanism in the legal system. With only 20% cases reaching the court, over five crore cases are pending. It is a herculean task and will take over 300 years to dispose of these pending cases.”
As per the BNSS, the new laws prioritise the investigations of crimes against women and children, ensuring timely completion within two months of recording information (Section 193). Summons can now be served electronically (Sections 64, 70, 71). Courts grant a maximum of two adjournments to avoid unnecessary delays in case hearings (Section 346).
The new laws mandate all state governments to implement the Witness Protection Scheme (Section 398). A new chapter has been added to the BNS specifically to address offences against women and children (Chapter V) and the introduction of community service for minor offences (Sections 4, 202, 209, 226, 303, 355, 356). For its effective implementation, and creating awareness among all stakeholders including police, prisons, prosecutors, judicial, forensic personnel as well as the general public, the Government has organised several rounds of orientation and training programs. The awareness is happening at different levels to understand the legal system better concerning the newly introduced three criminal laws. National Crime Records Bureau (NCRB) has made 23 functional modifications to the existing CCTNS (Crime and Criminal Tracking Network and Systems) application to facilitate technology compatibility with new criminal laws, including the filing of an FIR.
The Bureau of Police Research and Development (BPR&D) has developed 13 training modules for capacity building of police, prisons, prosecutors, judicial officers, forensic experts and central police organisations.
The Bar Council of India has made it mandatory to include the three new criminal laws in the curriculum of universities and legal education centres from the academic year 2024-25. Justice Talwant Singh, Former Judge of Delhi High Court is all praise for the role of academicians in drafting the new laws. He suggests that in the days to come the country will require an ample number of forensic experts. In contrast, the more new laws are unfolded; the more is the possibility of its lacunae being exposed. Is growing incidents of crime good for police and lawyers, is a million-dollar question!
(The writer is former editor with Free Press Journal and Media Advisor to Delhi Govt. Presently Media Advisor to GGSIPU; views are personal)
