From July 1, the Indian Penal Code will be superseded by the new Bharatiya Nyaya Sanhita, introducing significant reforms in trial proceedings and handling of fugitive criminals. A landmark change will allow courts to hold trials and pass judgments in absentia, ensuring that the absence of the accused does not impede justice, which has been a critical issue under the current system.
Thank you for reading this post, don't forget to subscribe!
BHARAT: Starting from July 1, the Indian Penal Code (IPC) will be replaced by the new Bharatiya Nyaya Sanhita, bringing in substantial reforms in trial proceedings and the handling of fugitive criminals.
A landmark aspect of this reform is that courts will now be able to hold trials and pass judgments in absentia, ensuring that the absence of the accused does not obstruct justice. This has been a critical issue under the current system, often causing delays and evasion of justice.
Addressing Judicial Delays
One of the most significant problems this reform aims to tackle is the longstanding delays in the judicial process. A notable example is the infamous Ajmer blackmail scandal involving explicit photographs, which has undergone five rounds of hearings since 1992 without resolution.
“Victims and witnesses have either passed away or become too elderly and ill to attend court proceedings,”
-stated a legal expert, highlighting the urgency of reform. The accused in such cases have managed to evade justice due to technicalities and procedural delays.
Under the new code, if an accused does not present themselves within 90 days of the charges being framed, the trial will proceed without them.
“This provision assumes that the accused has forfeited their right to a fair trial by failing to appear,”
-explained a judicial officer. In Ajmer district courts alone, approximately 2,500 cases involve absconding defendants, underscoring the necessity for such reform.
Reclassification of Criminal Offenses and Trial Timelines
The Bharatiya Nyaya Sanhita also introduces a reclassification of various offenses. For instance, the code for cheating, currently listed under Section 420, will be changed to Section 316.
Attempts to commit murder and rape, previously under Sections 307 and 376, will now fall under Sections 109 and 63, respectively. Additionally, trial courts are now mandated to conclude cases within three years.
“This aims to eliminate the prolonged suffering of victims awaiting justice,”
–noted a senior lawyer.
Streamlined Police Procedures and Custodial Rights
Police procedures will also be streamlined under the new code. Victims can file a ‘zero FIR’ at any police station, which will then be transferred to the relevant station within 24 hours.
Women can file e-FIRs, with immediate legal cognizance required.
“Additionally, when an arrest is made, notifying the family within 90 days is compulsory, enhancing transparency and accountability in the legal process,”
-stated a police official.
Protection for Medical Professionals and Enhanced Rights for the Accused
Medical professionals will be safeguarded against hasty legal actions in their practice. Specific provisions are included to handle cases of medical negligence more judiciously. Furthermore, while the new code allows for certain testimonies to be recorded without the accused’s presence, it preserves the accused’s right to cross-examine witnesses.
“This balance aims to ensure judicial efficiency while maintaining fair trial rights,”
-remarked a judicial reform advocate.
The introduction of the Bharatiya Nyaya Sanhita represents a significant overhaul of the Indian legal system, promising to address deep-seated issues and enhance the efficiency of justice delivery in the country.
Click Here to Read Previous Reports on New Criminal Laws
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
