Legal Framework Modernization

Aaqib Khan

India has recently introduced new criminal laws to replace the old British-era statutes. These changes aim to modernize the legal system, making it more efficient, transparent, and just. The new laws are the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. This story will explore these laws in detail and discuss their potential positive impact on the country.
The Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act were all established during British rule. While these laws have been amended over the years, their core structure remained largely unchanged. As society evolved, it became clear that these laws were outdated and needed a complete overhaul to address modern challenges.
Bharatiya Nyaya Sanhita
This law replaces the Indian Penal Code. It includes provisions for new types of crimes, such as cybercrimes and organized crime, which were not adequately covered under the old IPC. The aim is to ensure that the punishment fits the crime and that justice is served more effectively.
Bharatiya Nagarik Suraksha Sanhita
This law replaces the Code of Criminal Procedure. It focuses on streamlining the criminal justice process, ensuring speedy trials, and reducing delays. Key features include the introduction of Zero FIR, which allows individuals to file a First Information Report at any police station, regardless of jurisdiction, and the mandatory videography of crime scenes for heinous crimes.
Bharatiya Sakshya Adhiniyam
This law replaces the Indian Evidence Act. It aims to modernize the rules of evidence, making them more relevant to contemporary legal practices. This includes provisions for electronic evidence and the use of technology in the collection and presentation of evidence.
One of the primary objectives of the new laws is to ensure speedy justice. The Bharatiya Nagarik Suraksha Sanhita mandates that judgments must be delivered within 45 days of the completion of the trial, and charges must be framed within 60 days of the first hearing. This is a significant improvement over the previous system, where cases could drag on for years, causing immense hardship to the victims and their families.
The introduction of Zero FIR is a groundbreaking change. It allows individuals to file an FIR at any police station, irrespective of the location where the crime occurred. This eliminates jurisdictional barriers that often delay the registration of complaints and ensures that victims can seek immediate assistance.
The new laws facilitate the online registration of police complaints and the electronic serving of summons. This digital approach not only makes it easier for citizens to report crimes but also speeds up the legal process by ensuring faster and more reliable communication.
For all heinous crimes, the new laws mandate the videography of crime scenes. This measure is expected to enhance the integrity of evidence collection, improve transparency, and increase accountability in the investigation process.
The replacement of colonial-era laws with modern statutes is a significant step towards the decolonization of India’s legal system. The new laws are designed to address contemporary issues and are more aligned with the current socio-economic realities of the country. This modernization is expected to make the legal system more relevant and effective.
The new laws introduce several measures aimed at improving the efficiency and transparency of the criminal justice system. The mandatory videography of crime scenes, electronic summons, and online complaint registration are all steps towards a more transparent and accountable system. These measures are expected to build public trust in the legal system and ensure that justice is not only done but is seen to be done.
The new laws are designed to be more victim-centric, ensuring that the rights and interests of the victims are protected. The introduction of Zero FIR, speedy trials, and mandatory videography are all measures aimed at providing justice to the victims in a timely and efficient manner.

Restorative Justice

Lieutenant Governor Manoj Sinha said that implementation of new laws will remove the colonial structure and ensures justice and equality for all.
He made these remarks while addressing implementation of New Criminal Laws at PHQ Auditorium Srinagar
“The Constitution of India has always emphasized the principle of justice, impartiality, independence, and solidarity. Therefore, if we go into the details of these laws, we will clearly see that,” he said according to KNS correspondent.
“ I remember that in December 2023, when there was a discussion on the laws of the country, many members raised questions on the necessity of this law.
At that time, the Home Minister of India said that the British had made this law to keep their rule. That is, its main purpose was to govern the enslaved people so that the British could remain safe in this country. I have read the proceedings of the Constitutional Assembly,” he also said while addressing the gathering.
“On June 3, 1949, when the founder of the country, the Constitutional Assembly, was discussing the Constitution of India. At that time, Pandit Thakur Das Bhargava said that when we are creating a new constitution for this country, then we should make such an arrangement that justice can be served in all matters for the common people,” he also said.
Professor Sibbanlal Sharma said to another person that the current justice system, which was created by the British, should be changed immediately and nd such a justice system should be established in its place so that people can get justice, he further said.
LG Sinha said that the process of change took a long time and after seven decades, finally, the Constitution was able to be implemented in the laws that govern the criminal justice system.
“ And we all became witnesses to it.
This was our dream.The Indian Constitution has replaced the IPC of 1860 today. Its focus is on restorative justice and the rights of victims. This law does not just focus on punishment, but also focuses on rehabilitation and reunification in society,.” he further said.
He also said that purpose of news laws is to address the root causes of crime and to improve the criminals
“ it is also an opportunity to make a positive contribution to society.,” he said.

Justice Reform

Director General of Police R R Swain said that the Bhartiya Nyaya Samhita provides clear Legal Mandate to tackle Cross-Border Terrorism in Jammu and Kashmir.
Swain said that Bharatiya Nyaya Samhita in J&K’s context provides a helpful definition of terrorism as it categorically and explicitly provides a legal mandate to tackle terrorism emanating from beyond international borders.
He said that Naya Samhita also has a dedicated section to combat organized crime, ensuring no room for unlawful activities orchestrated by syndicates that pose a grave threat to the internal security of the country.
“We are deeply aware that the responsibility now lies with us to ensure these reforms achieve their full potential.It casts an onerous responsibility on the J&K police, which have been fighting terrorism for the last 35 years, depleting our core investigative foundation” he added.
On importance of stable environment for effective law enforcement, Swain said that ensuring public peace, security, and order through the rule of law presupposes that there shall be a semblance of peace and order so that investigators, witnesses, prosecutors, and trial courts are able to do their duty free from fear.
Speaking on the potential of news laws to support J&K Police, the Police Chief said that it is here where the new laws have become a booster and a set of great enablers. “Besides investing heavily in quality training of our investigating officers, we have started to prioritize good investigations and have begun ranking districts on various law enforcement parameters to boost healthy competition.”
“The new laws demand more from our existing resources, requiring the strengthening of our verticals, primarily through embedding law officers in our core investigative framework. We have requested the Home Department to strengthen us with 321 law officers at various levels”, Swain said while explaining the need for additional resources and support.
Outlining the increased responsibilities and capabilities granted to the police, DGP said that Police have been granted increased legal mandate in certain domains, accompanied by greater responsibility, particularly in the utilization of CCTVs, which now features real-time capabilities.
“Senior police officers are convinced that quality training of police personnel, such as in forensics, is inescapable. We would sincerely require to strengthen and add to our pool of personnel integral to our police station setup who would be forensic experts for handling digital evidence and devices”, he added.