India has ushered in a new era for its criminal justice system with the implementation of three transformative laws: the Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code (IPC); the Bharatiya Nagrik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure (CrPC); and the Bharatiya Sakshya Adhiniyam (BSA), which replaces the Indian Evidence Act. These laws, passed by Parliament in December 2023, prioritize justice over mere punishment and aim to provide expedited justice, enhancing the judicial and court management systems while ensuring “access to justice for all.”
The need for these reforms stems from the previous system’s failure to deliver due to substandard investigation and prosecution, extensive backlogs of criminal cases, delayed court proceedings, low conviction rates, and a significant number of undertrial prisoners. These shortcomings have often led to the denial of justice for the common people.
Key Highlights of the New Laws:
Check And Balance On Police Powers:
To curb the misuse of arrest provisions by the police, the BNSS mandates the state government to designate a police officer responsible for maintaining information on all arrests and the officers who made them. This information must be prominently displayed in every police station and district headquarters, ensuring transparency and accountability.
Fighting Crime Against Women:
The BNS introduces electronic First Information Reports (e-FIRs) for crimes against women, facilitating fast and barrier-free reporting of offences that need immediate attention. This digital platform offers a discreet way for survivors to report crimes, addressing historical under-reporting due to societal pressures and aligning with a survivor-centric legal approach. Public awareness campaigns will further bridge the gap between technological advancements and societal understanding.
Reducing Overcrowding In Prisons:
The new laws aim to reduce prison overcrowding by lowering the maximum detention period for undertrials, especially first-time offenders. Jail superintendents are now empowered to assist undertrials in applying for bail. A first-time offender will be released on bail if they have served a third of the maximum sentence prescribed for their offence.
Embracing Technology:
The BNSS incorporates technology at all stages, from crime scene investigation to trial, ensuring faster trials and transparency in investigations. The mandatory inclusion of audio-video recording in search and seizure proceedings aims to prevent evidence manipulation and ensure the presence of independent witnesses. This modernization leverages scientific advancements to strengthen the criminal justice system.
Chief Justice of India, DY Chandrachud, has remarked that these new laws will have a positive impact only if substantial investments are made in infrastructure development and capacity building for forensic experts and investigating officers. These reforms represent a significant stride towards a more efficient, transparent, and just legal system in India.