India’s criminal justice system is going through major changes and come July 1, 2024, there will be three new laws in place. They are Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), as well as Bharatiya Sakshya Adhiniyam (BSA), all of which will take over from the old Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act that we have had for long.
Streamlining Procedures and Strengthening Penalties (BNSS & BNS):
The BNSS introduces timelines for legal steps such as completion of medical reports in rape cases and delivery of court judgments with the objectives of simplifying the system and hastening the criminal processes which are many a time unnecessarily prolonged in the ordinary justice process. Additionally, it establishes stricter requirements for under-trial prisoners to qualify for bail.
The BNS, replacing the IPC, focuses on modernizing penal law. It establishes community service as a possible form of punishment, providing an alternative to jail. Furthermore, the BNS tightens measures against sexual crimes, organized crime, and terrorist operations by establishing harsher sanctions for these violations. Notably, the law considers lynching by mob as a serious offense.
Focus on Evidence and Technology (BSA):
The BSA, replacing the Indian Evidence Act, addresses the increasing role of technology in criminal investigations and trials. The new law introduces updated rules for handling electronic evidence, requiring detailed disclosure formats for electronic records. This move aims to ensure the authenticity and admissibility of such evidence in court.
Expert Opinions and Potential Challenges:
Law professors acknowledge the advancements brought about by these new laws, particularly in streamlining procedures and incorporating electronic evidence. However, some have raised concerns about the drafting process. They suggest that certain changes might have been achieved through amendments to the existing laws, and point out potential inconsistencies that could lead to confusion during implementation.
Looking Ahead:
These new legislation represent a big step towards improving India’s criminal justice system. While certain difficulties may develop during the implementation phase, the overarching goal is to build a more efficient, victim-centered, and technology-driven legal framework. As more information about the precise terms of the legislation becomes available, legal experts and public will have a better grasp of how these reforms will affect India’s criminal justice system.
