In a landmark move aimed at transforming India's legal landscape, the Ministry of Home Affairs appointed a Committee in May 2020 to review and propose reforms to the foundational criminal laws that have shaped the country's judiciary since colonial times. These reforms culminated in three pivotal bills introduced during the Parliament's monsoon session in August 2023. Following a rigorous review by a 31-member parliamentary standing committee, the bills were withdrawn by the government and reintroduced in a revised form, eventually passing into law in December 2023 and came into force on July1, 2024. India's criminal laws, predominantly influenced by Lord Macaulay during the British era, have long been criticised for inefficiencies leading to delayed justice, low conviction rates, and overcrowded prisons. The Indian Penal Code (IPC), enacted in 1860, and the Code of Criminal Procedure (CrPC), established in 1973, formed the backbone of this system. These laws, though amended periodically, struggled to keep pace with modern challenges and societal changes. The Bharatiya Nyaya Sanhita (BNS), replacing the IPC, introduces a revolutionary approach to criminal justice. It emphasises justice over mere punishment, streamlining definitions of offences and penalties to expedite judicial processes. Notably, it incorporates electronic First Information Reports (e-FIRs) to facilitate swift reporting of crimes, particularly those against women, addressing underreporting due to societal pressures. Replacing the outdated CrPC, the Bharatiya Nagrik Suraksha Sanhita (BNSS) integrates technology at every stage of criminal proceedings. It mandates audio-video recordings during search and seizure operations to ensure transparency and prevent tampering with evidence. Amendments also impose strict guidelines on arrests, aiming to reduce wrongful detentions and enhance accountability within law enforcement.
The Bharatiya Sakshya Adhiniyam (BSA) supersedes the Indian Evidence Act of 1872, embracing electronic and digital records to enhance evidentiary processes. It mandates audio-visual recording of statements, particularly crucial in cases of sexual offences, to bolster transparency and protect victims' rights. Recognising the transformative impact of these laws, the Bar Council of India has mandated their inclusion in legal education curricula from the academic year 2024-25. The National Council of Educational Research and Training plans to introduce these reforms into school curricula, ensuring widespread understanding and compliance from an early age. The passage and implementation of these new laws mark a significant departure from colonial-era statutes, reflecting India's evolving societal norms and technological advancements. As India navigates the complexities of a rapidly evolving global landscape, the enactment of these reforms stands as a testament to the nation's resolve in advancing towards a more just and equitable society. With the implementation of the reformed criminal laws, India is poised to embark on a new chapter in its legal journey, one characterized by resilience, adaptability, and a steadfast commitment to justice for all. With a renewed focus on justice delivery and procedural efficiency, these reforms are poised to reduce judicial backlog, enhance conviction rates, and ultimately ensure equitable access to justice for all citizens. As India enters a new era of legal reform, the emphasis remains steadfast on upholding rights, protecting victims, and advancing a fair and effective criminal justice system.
By Deepak Kumar Rath
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