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Three criminal laws become effective from July 1

Syllabus: Government Policies and Interventions

Source: HT

 

Context: Three new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—replacing colonial-era laws, came into effect on July 1, 2024.

 

About Three Criminal Laws:

Three Criminal Laws
Three Criminal Laws

Exception: Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which provides for punishment in hit-and-run cases, has been put on hold.

 

The positive aspects of the proposed criminal law reforms (Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.):

  1. Modernization of Criminal Justice System: E.g., using e-FIR, Zero FIR, new cyber offences, and modernised evidence collection.
  2. Update of Outdated Laws
  3. Stringent Provisions for Women and Children: The Bharatiya Nyaya Sanhita (BNS) has dedicated a separate chapter to these matters and introduced new forms of offence.
  1. Sexual intercourse with a minor wifehas been brought under the ambit of rape.
  1. Innovations: Innovations such as trial in absentia and the introduction of community service as a penalty for minor offences are noteworthy.
  2. Gender Inclusivity: The reforms have reviewed language for gender neutrality and replaced outdated terms such as ‘insanity’ with ‘mental illness.’
  3. Specific Definitions and Offenses: The act defines and addresses offences like terrorism, organized crime, mob lynching, and negligent acts, adding new dimensions to criminal law.
  4. Protection for Victims: protection and rights of victims, including provisions related to victims’ participation, and rights.
  5. Expedited Justice:g., Requirement for judgments to be given within 30 days after the trial concludes and limitations on adjournments.

 

Steps being taken to implement the three laws:

  1. Operational training: The Bar Council of India mandates new laws in university curricula from 2024-25.
  2. Publicity/awareness campaign: BPR&D coordinates efforts for a coordinated publicity campaign through the Inter-Ministerial Group.
  3. Tech upgradation: NCRB modified the CCTNS application for tech compatibility, including FIR registration; NIC developed applications like eSakshya, NyayShruti, and eSummon for crime scene documentation, judicial hearings, and electronic court summons.
  4. Capacity building: BPR&D developed 13 training modules for police, prisons, prosecutors, judicial officers, forensic experts, and central police organizations.

 

What more needs to be done: 

  1. Bail Reform: Supreme Court directive: Bail should be the rule (Balchand v. State of Rajasthan, 1978). Implement the Law Commission’s 268th Report (2017) to reduce undertrial detention and ensure bail is the norm, not the exception.
  2. Victim and Witness Protection: Fully implement the Witness Protection Scheme (2018) with proper funding and oversight, as recommended by the Malimath Committee (2003).
  3. Revamping Fast-Track Courts: Assign dedicated judges, improve infrastructure, set binding timelines, and introduce case management systems to expedite cases.
  4. Combatting Criminalization of Politics: Establish an institution to tackle political criminalization, investigate the political-criminal nexus, and take decisive action, as suggested by the Vohra Committee (1993).
  5. Legal Aid Reform: Increase funding and create performance-based incentives for legal aid providers to ensure effective representation for disadvantaged defendants.
  6. AI in Case Management: Integrate AI for case management, scheduling, and pretrial risk assessment, ensuring transparency and preventing biases.
  7. Prison Administration Reform: Implement mandatory segregation of undertrials, convicts, and first-time offenders, and enforce national health insurance schemes in prisons, following the Justice Amitava Roy Committee recommendations.
  8. Gender Sensitization: Mandatory training for judicial officers on gender sensitivity, and establishing accountability mechanisms for gender-biased comments, referencing the SC Handbook on Gender Stereotypes.
  9. Victim-Centric Justice: Provide comprehensive victim support services, including counselling, legal aid navigation, and a guaranteed right to be heard in court.
  10. Promoting Restorative Justice: Adopt restorative justice practices focusing on healing harm caused by crime, as recommended by the Madhav Menon Committee (2007).

 

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Mains Link: 

We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (UPSC 2014)

 

Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (UPSC 2015)