NEW CRIMINAL CODE: THE NEW COMPACT

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THE CONTEXT: Starting July 1, 2024, India will witness a historic transformation in its criminal justice system with the implementation of three new laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. These laws will replace the Indian Penal Code of 1860, the Criminal Procedure Code of 1973, and the Indian Evidence Act of 1872. This significant overhaul aims to modernize the legal framework, addressing long-standing issues such as delays in justice, the plight of undertrials, and the inefficiencies clogging courtrooms.

THE ISSUES:

• Significant Reforms and Modernization: The new laws introduce various reforms to modernize India’s criminal justice system. These include community service as an alternative punishment, mandatory videography of crime scenes, electronic communication of reports, and Zero FIR, which allows FIRs to be filed at any police station regardless of jurisdiction. These changes aim to enhance transparency, efficiency, and accessibility in the legal process.
• Victim-Centric and Speedy Justice: The new codes emphasize a victim-centric approach by introducing stricter timelines for trial completion and ensuring victims are informed about the progress of investigations. For example, judgments in criminal cases must be delivered within 45 days of trial completion, and charges must be framed within 60 days of the first hearing. This is intended to reduce the backlog of cases and provide timely justice to victims.
• Inclusion and Exclusion of Specific Offences: The new laws include specific provisions for contemporary issues such as mob lynching, deceitful sexual intercourse, and organized crime. However, some significant changes were not included, such as the criminalization of marital rape and making sexual offenses gender neutral. The exclusion of Section 377 of the IPC, which pertains to sexual assault of men, has also been flagged as a concern.
• Expanded Police Powers and Detention Provisions: The Bharatiya Nagarik Suraksha Sanhita (BNSS) expands police custody from 15 days to up to 90 days, which raises concerns about potential misuse and the risk of custodial torture. It is argued that this could lead to extended detentions without sufficient safeguards.
• Implementation and Logistical Challenges: Implementing these new laws faces logistical challenges, such as the need for translations into regional languages and the absence of English names for the laws. Additionally, the consultation process for drafting these laws was criticized for being conducted during the pandemic, which limited public participation and debate. The passage of the bills through a voice vote in Parliament, while much of the Opposition was suspended, has also been contentious.

THE WAY FORWARD:

• Criminalizing Marital Rape and Gender-Neutral Sexual Offences: Amend the BNS to include provisions that explicitly criminalize marital rape and ensure that sexual offenses are gender-neutral, protecting all individuals regardless of gender. The Justice Verma Committee (2013) recommended the criminalization of marital rape and making sexual crimes gender neutral.
• Addressing Sedition and Free Speech: Redefine the offense related to acts endangering sovereignty to ensure it cannot be misused to stifle legitimate dissent and free speech. The Supreme Court’s ruling in Kedarnath Singh v. State of Bihar (1962) provides guidelines for interpreting sedition to protect free speech.
• Protection for Male Victims of Sexual Assault: Amend the BNS to include specific provisions for the protection of male victims of sexual assault, ensuring comprehensive legal recourse for all victims. The Malimath Committee (2003) recommended making rape laws gender neutral.
• Speedy Trials and Judicial Infrastructure: Invest in judicial infrastructure, including constructing new courtrooms, hiring additional judges, and providing adequate training for judicial officers to handle the new timelines effectively. The Madhav Menon Committee (2007) emphasized the need to modernize judicial infrastructure and increase the number of judges.
• Police Reforms and Sensitization: Implement reforms that include regular training on new laws, sensitization programs on human rights, and establishing independent oversight bodies to ensure accountability. The Vohra Committee (1993) and the Second Administrative Reforms Commission (2007) recommended comprehensive police reforms, including accountability mechanisms and training.
• Translation and Accessibility of Laws: Expedite the translation of new laws into all regional languages and ensure their widespread dissemination through government websites, public awareness campaigns, and educational programs.
• Community Service and Alternative Punishments: Develop guidelines for implementing community service, including the types of offenses eligible, the nature of community service tasks, and monitoring mechanisms to ensure compliance.
• Digital Evidence and Cybercrime: Invest in training for law enforcement and judicial officers on handling digital evidence, establish dedicated cybercrime units, and ensure the availability of advanced forensic tools. The Malimath Committee (2003) and the Expert Group on Cyber Laws (2005) recommended enhancing capabilities to handle digital evidence.

THE CONCLUSION:

As India embarks on this new legal journey, the government must remain open to feedback and continuous improvement. The successful implementation of these laws will depend not only on the legal texts but also on the readiness of law enforcement, the judiciary, and the public. Ongoing dialogue with citizens and civil society will be essential to address emerging challenges and ensure the reforms achieve their goals. July 1 marks the beginning of a transformative process that must evolve to meet the dynamic needs of the society it serves.

UPSC PAST YEAR QUESTION:

Q.1 The Constitution of India is a living instrument with enormous dynamism capabilities. It is a constitution made for a progressive society. Illustrate the expanding horizons of the right to life and personal liberty. 2023

MAINS PRACTICE QUESTION:

Q.1 The enactment of the Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam marks a significant overhaul of India’s criminal justice system, replacing the Indian Penal Code, the Criminal Procedure Code, and the Indian Evidence Act. Discuss the key reforms introduced by these new laws and critically analyze the challenges and areas that still need attention for effective implementation.

SOURCE:

https://indianexpress.com/article/opinion/editorials/new-criminal-code-the-new-compact-9424983/