By Rudraksh Aneja
Introduction
The much-awaited reforms in colonial-era criminal laws have finally been brought to life through the implementation of the Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam. These new laws replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
Colonial Laws vs. Modern Reforms
The colonial-era laws were designed to serve the needs of the colonial rulers, not the needs of the world's largest democracy. The new criminal laws prioritize the nation's sovereignty and unity, and the development of women and children over penal provisions that previously subserved the downtrodden and rejected the recognition of free speech and expression.
Enhancing Free Speech and Expression
The much-debated provision for sedition has been removed, and the word “government” has been replaced with “nation.” The explanation explicitly provides an exception for expressing disapprobation against governmental measures or administrative actions by lawful means. Such expressions, without exciting or attempting to excite the activities referred to in this section, do not constitute an offense under this section. This change expands the scope of free speech and expression, which is a commendable step by the incumbent government.
Defining Terrorism
A dedicated section defining the word “terrorism” has been added to the new criminal laws. This will help penalize those involved in acts against the unity, integrity, sovereignty, security, or economic security of India. Previously, acts of terrorism were not specifically triable by the court as there was no dedicated section addressing them. Notably, destroying public property is now considered an act of terrorism. There have been many recent instances where substantial harm was caused to public and private property during protests, ultimately causing loss to taxpayers’ money.
Formalizing Zero FIR
The provision for Zero FIR has been formally included in the Bhartiya Nagrik Suraksha Sanhita, following its introduction by the Justice Verma Committee post the Nirbhaya Gang Rape Case. The provision mandates that a police officer must register a First Information Report regardless of jurisdiction and transfer it within 24 hours to the relevant police station.
Community Service for Petty Offenses
A much-awaited reform regarding community service for petty offenses has been enabled, focusing on recreation through service to society. This action aims to bring society a step closer to building a more inclusive and rehabilitative approach to justice.
Addressing Mob Lynching
A separate provision for mob lynching has been added, equating the penalization to that of murder. Recent instances of mob lynching based on minority status, caste, gender, religion, color, etc., necessitated this provision for a cohesive society.
Ensuring Swift Justice
The new laws advocate for rectifying the adage “justice delayed is justice denied.” More than 5 million cases are still pending in the courts. According to the NCRB, there are 434,302 undertrials in Indian prisons. To address this issue, the new laws state that judgments in criminal cases must be delivered within 45 days of the trial's completion, and charges must be framed within 60 days of the first hearing.
Protecting Women's Rights
In consonance with the importance of women, provisions such as the examination of rape victims has been made more comprehensive. A female police officer will record rape victims' statements in the presence of a guardian or relative, and medical reports must be completed within seven days. A dedicated section now addresses gang rape of a minor under the age of eighteen, mandating a punishment of no less than 20 years, life imprisonment, or death for each person involved in the crime.
Conclusion
The enactment of the Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam represents a monumental shift in India's criminal justice landscape. By replacing outdated colonial laws with provisions that better reflect the nation's democratic values and contemporary needs, these reforms enhance free speech, ensure swift justice, and provide stronger protections for vulnerable groups. The focus on rehabilitation, protection of public property, and stringent measures against terrorism and mob lynching underscore a commitment to creating a safer, more equitable society. These changes mark a progressive step towards a more just and inclusive legal framework, reinforcing India's sovereignty and unity.
Disclaimer: All opinions expressed herein are the author's own. This blog post includes information and hyperlinks sourced from various agencies and authorities. Proper credit is given to these sources to acknowledge their contributions and ensure compliance with copyright regulations.
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