India has completely overhauled its criminal justice system with three new criminal laws coming into effect today. The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC); Bharatiya Nagrik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act. The three laws were passed in parliament in December 2023.
The three new laws focus on justice rather than punishment and are aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasising “access to justice by all”.
The criminal justice system in India after Independence has not delivered the results because of certain inherent shortcomings including substandard investigation and prosecution, large pendency of criminal cases, delayed court proceedings, delay in disposal of cases, low conviction rate, and a large number of undertrial prisoners.
All these factors end up with denial of justice to the common people.
Here are some key details about the new laws:
Check And Balance On Police Powers
In order to prevent the misuse of provisions related to arrest by the police, the BNSS has introduced additional obligation on the state government to designate a police officer who would be responsible for maintaining information on all arrests and who arrested them. The clause requires such information to be displayed prominently in every police station and the district headquarters.
Fighting Crime Against Women
The BNS introduces a transformative approach to reporting of crime against women through electronic First Information Reports (e-FIRs). This helps in fast reporting of offences that need immediate attention. The digital platform allows swift reporting, overcoming traditional barriers and reflects the essence of established legal principles emphasising timely reporting.
Judicial precedents, including the Harpal Singh case (1981), resonate in recognising societal factors influencing reporting delays. The electronic platform offers a discreet way for survivors to report offences. This aligns with the evolving socio-legal approach to empowering survivors to navigate the legal process without fear of stigma.
The historical under-reporting of such crimes due to societal pressures is addressed, resonating with the broader societal narrative advocating for a survivor-centric and empathetic legal system. Public awareness campaigns can bridge the gap between technological innovations and societal understanding.
Reducing Overcrowding In Prisons
The maximum period of detention for undertrials has been reduced for first-time offenders under certain circumstances, and the jail superintendent has been legally empowered to help the accused or undertrials in applying for bail.
A first-time offender (never convicted of any offence in the past) will be released on bail if the person has undergone a third of the maximum sentence prescribed.
Technology
The BNSS has introduced the use of technology at all stages, from crime scene visit to Investigation to trial. It is a game-changer as it will ensure a faster trial and ensure transparency in investigation. The inclusion of technology and forensics in investigation is a significant move geared towards modernising the criminal justice system and harnessing the strength of modern scientific technologies.
Considering the risk of manipulation of evidence, the mandatory inclusion of audio-video recording in search and seizure proceedings is an important inclusion in BNSS. The scope of audio-video recording during search and seizure includes the process of preparing a list of seized items and the signature of witnesses.
Transparency in search and seizure proceedings is likely to deter against fabrication of evidence and ensure the presence of independent witnesses in these proceedings.
