Modernizing criminal laws: a step towards legal reform

The country's legal frameworks have been in place for a while, but new laws are crucial for a fair and adaptable justice system.

In brief

• Bharatiya Nyaya Sanhita, 2023, is a comprehensive effort to redefine and refocus the penal code.
• Bharatiya Nagarik Suraksha Sanhita, 2023, seeks to humanize our criminal justice system.
• Bharatiya Sakshya Adhiniyam, 2023, recognizes the growing role of technology in legal proceedings.

On 21 December 2023, the Parliament passed The Bhartiya Nyaya Sanhita, The Bharatiya Nagarik Suraksha Sanhita and The Bharatiya Sakshya Adhiniyam, 2023. These three criminal reforms have now replaced the Indian Penal Code (45 of 1860), Code of Criminal Procedure, 1973 (2 of 1974), and Indian Evidence Act, 1872 (1 of 1872) respectively. The passage of these laws signals a shift in India’s justice system. 

While the existing legal frameworks have served the country for an extended period, the new criminal law reforms represent a meaningful progression towards justice system improvement aimed at building a legislation that is more responsive, equitable, and better suited to meet society's evolving needs. These law reform initiatives are seen as critical upgrades to the Indian Justice System, acknowledging the historical constraints in the laws initially established during the colonial era for maintaining rule rather than influencing justice.

The Bharatiya Nyaya Sanhita, 2023, is a comprehensive effort to redefine and refocus the penal code. With several sections being amended, repealed, or added, the law introduces a nuanced approach to offenses, penalizing actions that endanger the sovereignty, unity, and integrity of India. It also addresses contemporary challenges such as terrorism and organized crime, distinguishing between major and petty offenses and prescribing stringent penalties for the former.

The Bharatiya Nagarik Suraksha Sanhita, 2023, seeks to humanize our criminal justice system. By  timelines for investigations, it aims to make justice more accessible and responsive to the needs of the people. It replaces outdated terminology with a more people-friendly language, reflecting a commitment to a humane approach. In cases involving heinous offences, the proposed legislation emphasizes the necessity of a mandatory visit by the forensic team. This strategic provision aims to bolster the investigative process, ensuring that a specialized team conducts an on-site examination to collect crucial evidence. By mandating such visits, the legislation seeks to enhance the thoroughness and accuracy of criminal investigations, ultimately contributing to a more robust legal framework centered around contemporary standards of justice.

The Bharatiya Sakshya Adhiniyam, 2023, recognizes the growing role of technology in legal proceedings. In a contemporary legal landscape where technology plays a pivotal role, this law recognizes electronic evidence as any information generated or transmitted by any device or system capable of being stored or retrieved. This broad definition encompasses a wide range of digital data, from emails and text messages to multimedia files, acknowledging the diverse forms of evidence relevant to modern cases, emphasizing factors such as authenticity and integrity. This inclusion is crucial in maintaining the credibility of electronic information presented in court, ensuring that technological advancements do not compromise the reliability of legal proceedings. Special provisions for the admissibility of DNA evidence and the acceptance of expert opinions as evidence further bolster the Act's commitment to a modern and effective legal framework.

A noteworthy feature of the proposed criminal laws is the establishment of an independent director of prosecution in each district. This significant development aims to fortify the prosecution system, ensuring fairness and impartiality at a local level. Similar progressive legal actions taken within a definite time frame could crucially strengthen the overall criminal justice machinery and build public trust in the evolving justice system.

The criminal law modernization symbolizes more than just a legal transformation; it reinforces a commitment to ensuring justice resonates with the society’s changing needs. This legislative stride positions India on the path toward a more equitable, accessible, and evolved legal framework. The process of legal reform has commenced, and these ground-breaking laws indicate a future where justice is not only delivered but is inclusive and reflective of our nation's dynamic ethos.

The article was first published in The Economic Times on 1 January 2024.