Mahatma Jyotiba Phule Rohilkhand University Bareilly UP
The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973 and The Indian Evidence Act of 1872 have been superseded by the Bhartiya Nyaya Sanhita 2023, the Bhartiya Nagrik Suraksha Sanhita 2023, and the Bhartiya Sakshya Adhiniyam 2023 . These three new criminal laws, which prioritise justice over punishment and victimisation, went into effect nationwide on July 1, 2024 . For some offences, community service has also been added as a new type of punishment. The new provisions that have been added to Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam will be highlighted in this research work. In order to ensure that the new criminal laws are implemented effectively, it is also crucial to provide appropriate training and practice. This research paper aims to analyse if the recent criminal laws in India are meeting the needs of justice in the current day or if they are making matters worse by adding to the confusion and challenges already present in the justice and justice delivery system.
The field of criminal law is always changing. In order to respond to public demands, solve new societal challenges, and adjust to shifting crime trends, new laws are regularly passed. However, the public, legal professionals, and law enforcement may become confused due to the quick speed of legislation change. This paper examines the dual nature of new criminal laws, weighing the uncertainty they can cause against their ability to address urgent national issues.
Evolution of Criminal Law
In order to prevent such harmful changes, our civilisation needs a remedy in the form of legal jurisprudence. Humanity's cries for peace, tolerance, equality, justice, and a society free from crime have their roots in the history of nomadic communities and ancient civilisation. The struggle to maintain justice and secure peace is similar to the evolution of complex society, where unquenched urges for resources, avenge, lust, and wicked temperament for one another had a massive transition.
The development of criminology, our understanding of crime, and the evolution of criminal law as a field and a reality that aims to address the harmful aspects of society are some examples of such legal remedies. One interesting observation, however, is that despite the fact that cultures have made significant progress in a number of areas, including political, technological, social, and economic ones, the fundamental complaints that have existed for thousands of years remain the same. These modern complaints reflect the monotonous, crime-focused nature of communities everywhere.
A man always has a sense of good and wrong; the human conscience served as the rudder that helped people make the distinction between right and wrong. It is sufficient to understand ancient customs related to crimes and offenders by encrypting human history with the notion of reward and punishment based on the situation. Letting injustice go unpunished has never been the tenet of Vedic literature, Sharia law, or Mosaic rules, regardless of where we go in religious texts. The virtue of justice has always been essential to human existence and society.
India's criminal law has a long history of development, influenced by a variety of legal systems and cultural norms. Here is a brief synopsis:
Historical Era
1. Dharma-shastras : Manu-smriti and other ancient writings described moral and ethical rules with a focus on societal order and retribution .
2. Kautilya's Artha-shastra: This treatise addressed criminal justice and government, emphasising punitive methods and state authority.
Mediaeval Period
Islamic Influence: Sharia law, which included concepts like hudud (set punishments) and Qisas (retribution), was implemented with the arrival of Islamic power.
The British Era
1. The Regulating Act of 1773 created the foundation for British legal governance in India.
2. Indian Penal Code (IPC) of 1860: codified criminal law based on Indian customs and British legal concepts.
3. The 1973 Criminal Procedure Code (CrPC) replaced previous codes and established protocols for the administration of criminal justice.
Following Independence
1. The 1950 Indian Constitution: influenced criminal law by establishing fundamental rights and justice principles.
2. New Laws and Amendments: The IPC and CrPC have undergone numerous revisions over the years to address concerns such as gender violence (e.g., the Criminal Law (Amendment) Act, 2013) .
Recent Advancements
1. Cybercrime and Technology: To address cybercrimes and technological developments, new legislation and amendments have been developed.
2. Judicial Activism: The judiciary has influenced criminal law practices by interpreting statutes and extending rights.
Present-Day trends
1. Emphasis on Victim Rights : New reforms place a strong emphasis on compensation and victim rights.
2. Decriminalisation and Legalisation: Discussions concerning the decriminalisation of certain offences, such as drug usage, are still going on.
Recent Legislative changes
India's recent attempts to enhance the criminal justice system and solve current challenges are reflected in the country's criminal legislation. Here are a few noteworthy modifications:
1. Criminal Law (Amendment) Act of 2013: Reaction to Gang Rape in Delhi raised punishment for gang rape and imposed harsher sanctions for sexual offences, such as the death penalty for raping minors. The definition of rape has been expanded to include more aspects of sexual assault.
2. The 2018 Criminal Law (Amendment) Act: POCSO, or the Protection of Children from Sexual Offences, harsher penalties, such as the death penalty for severe sexual assault, for crimes against children.
Time-bound Experiments: Fast-track courts are required in order to expedite the trial of sexual offences against minors.
3. The 2019 Amendment to the Unlawful Activities (Prevention) Act:
classification of Terrorists: Permitted the classification of persons as terrorists in accordance with their associations and behaviours.
Improvement of Investigative Powers: Law enforcement now has more authority to monitor and detain people.
4. Act of 2022 Concerning Criminal Procedure (Identification):
Identification of Criminals: Enables law enforcement to gather physical and biometric information from those who have been arrested and found guilty in order to support criminal investigations.
5. Amendments to the Anti-Defection Act:
clarified clauses concerning political accountability that deal with lawmakers' disqualification for defection.
6. The Nyaya Sanhita Bharatiya Bill of 2023:
Though not yet approved, it is a proposal to replace the Indian Penal Code with the goal of modernising and streamlining criminal laws while addressing modern-day offences.
7. The 2021 Juvenile Justice Amendment Act (Care and Protection of Children):
improved measures that prioritise the rights and wellbeing of young offenders during their rehabilitation and reintegration.
8. Changes Concerning Cybercrimes:
modifications and new rules aimed against cybercrimes, including privacy and data protection.
These legislative adjustments are part of a continuous endeavour to improve the criminal justice system's efficacy, address social concerns, and adjust to shifting social mores and technology developments.
Analysis of new criminal laws
The Bhartiya Nyaya Sanhita, 2023, the Bhartiya Nagarik Suraksha Sanhita, 2023, and the Bhartiya Sakshya Adhiniyam, 2023, are three new criminal laws in India that seek to modernise the criminal justice system and replace outmoded legislation. An examination of these new Laws is provided below:
1. The Indian Penal Code (IPC) of 1860 is superseded by the Bhartiya Nyaya Sanhita, 2023. It aims to modernise and streamline the definitions of criminal offences.
Important Features
New offences, such as those pertaining to technology and cybercrime, are introduced by the expanded definitions.
Increased Penalties: Tougher punishments for specific offences, in line with public calls for more severe punishments for major transgressions.
Emphasis on Victim Rights: Makes sure victims have a bigger say in the legal system by highlighting their rights and compensation.
2. The Criminal Procedure Code (CrPC) of 1973 is superseded by the Bhartiya Nagarik Suraksha Sanhita, 2023. It seeks to improve criminal law's procedural elements.
Important Features
Time-bound Trials: Places a deadline on the completion of investigations and trials, with the goal of ensuring prompt justice.
Bail Reforms: Makes adjustments to the bail system with the goal of granting more equal access to bail.
3. The Bhartiya Skashya Adhiniyam,2023 aims to update the rules of evidence in court cases. It seeks to simplify procedures and increase their applicability to current problems.
Important Features
Digital Evidence: Clarifies whether electronic and digital evidence is admissible.
Witness Protection: Encourages more people to come forward fearlessly by introducing safeguards to protect witnesses.
Simplified Procedures: Attempts to make the collection and presentation of evidence easier.
With the goal of modernising and streamlining the legal system, India's three new criminal laws constitute a substantial revision to the country's current legal structure. Careful implementation, training, and oversight will be necessary to prevent potential pitfalls and guarantee they serve the public efficiently, even though they have the ability to effectively address contemporary challenges and improve the timeliness and accessibility of justice.
Benefits of recent criminal legislation
Modernising the criminal justice system is the goal of India's three new criminal laws, the Bharatiya Nyaya Sanhita (BNS) 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023. These laws have the following benefits:
The goal of these modifications is to make India's criminal justice system more responsive, equitable, and efficient.
Confusion and Ambiguities
On one hand the three new criminal laws in India—the Bhartiya Nyaya Sanhita (BNS) 2023, Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bhartiya Sakshaya Adhiniyam (BSA) 2023 are beneficial for the criminal justice system, while on the other hand they have introduced several ambiguities and concerns:
1. Vague Definitions: Some provisions have broad or unclear definitions of crimes, which can lead to inconsistent interpretations by law enforcement and the judiciary.
2. Discretionary Powers: Increased discretionary powers granted to police may result in misuse or arbitrary actions, raising concerns about accountability and potential abuse.
3. Implementation Challenges: The effective implementation of new procedures and guidelines may face hurdles due to lack of training or resources for law enforcement agencies.
4. Impact on Fundamental Rights: Certain provisions may inadvertently infringe on civil liberties and rights, particularly concerning surveillance and privacy.
5. Complexity in Application: The interplay between the new laws and existing legal frameworks can create confusion, complicating legal proceedings and interpretations.
6. Transitional Issues: The transition from older laws to the new framework may lead to legal uncertainties, especially regarding ongoing cases and legal precedents.
7. Lack of Clarity on Punishments: Some sections may lack clarity on penalties, leading to confusion regarding sentencing and enforcement.
These ambiguities highlight the need for careful scrutiny and potential amendments to ensure that the new laws serve their intended purpose without undermining justice.
CONCLUSION
The introduction of new criminal laws is a double-edged sword. While they can address urgent societal issues and enhance public safety, they can also introduce confusion and ambiguity into the legal system. Ongoing evaluation and public education are essential to ensure that these laws fulfill their intended purposes without compromising legal clarity. the effective implementation of criminal laws in India is vital for upholding justice and ensuring public safety. It requires a comprehensive approach that includes training for law enforcement, public awareness, and inter-agency coordination. Additionally, leveraging technology and addressing systemic challenges like case backlogs are crucial for the timely and fair administration of justice. By fostering collaboration among stakeholders and ensuring that laws evolve with societal needs, India can strengthen its legal framework and enhance trust in the justice system. Ultimately, robust criminal laws not only deter crime but also protect the rights of individuals, contributing to a more equitable society.
Recommendations
Effective implementation of new criminal laws in India requires a multifaceted approach. Here are key strategies to consider:
1. Comprehensive Training: Law enforcement agencies, judges, and legal practitioners should receive training on the new laws to ensure proper understanding and application.
2. Public Awareness Campaigns : Informing the public about new laws and their implications is crucial. This can include workshops, seminars, and media campaigns.
3. Strengthening Infrastructure: Improving the infrastructure of law enforcement and judicial systems is vital. This includes enhancing forensic capabilities and ensuring adequate resources for police and courts.
4. Monitoring and Evaluation: Establish mechanisms to monitor the implementation of new laws and evaluate their impact regularly. Feedback loops can help refine and adjust approaches as necessary.
5. Inter-Agency Coordination: Promote collaboration between various law enforcement agencies, judicial bodies, and civil society organizations to ensure a cohesive approach.
6. Judicial Independence: Upholding judicial independence is essential for the fair application of new laws. Ensuring that judges are free from external pressures will enhance the integrity of the legal system.
7. Addressing Backlogs: Streamlining processes to reduce case backlogs in courts will help in the timely resolution of cases under new laws.
8. Incorporating Technology: Utilize technology to improve case management, evidence collection, and communication between different branches of the legal system.
9. Feedback from Stakeholders: Engaging with community leaders, NGOs, and legal experts to gather insights on the effectiveness of new laws and address concerns.
10. Revising Existing Laws: Regularly review and update existing laws to ensure consistency and relevance with new legislation.
By implementing these strategies, India can enhance the effectiveness of its new criminal laws and improve overall justice delivery.
REFERENCE
Mohd Akash, New Criminal Laws in India: Confusing Legislation or Combating New Problems of Nation, Int. J. Sci. R. Tech., 2024, 1 (12), 84-88. https://doi.org/10.5281/zenodo.14315270