Chief Justice of India (CJI) DY Chandrachud Today (April 20th) emphasized the necessity of equipping courts with sufficient material resources to achieve the objective of expeditious trials under the updated criminal codes. He expressed his view that the new legislations represented a pivotal moment in India’s narrative, symbolizing its evolution into a modern era of criminal justice management.
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NEW DELHI: Chief Justice of India (CJI) DY Chandrachud today underscored the crucial need for courts to be furnished with adequate material resources to effectively achieve the objective of expediting trials under the newly enacted criminal codes.
In his assessment, Chandrachud remarked that the implementation of the new laws signifies a watershed moment in India’s legal landscape, representing a significant transition into a modern era of criminal justice administration. He highlighted the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam as pivotal legislative reforms set to reshape the country’s legal framework.
“The BNSS provides that criminal trials must be completed in three years and that a judgment must be pronounced within 45 days of it being reserved. This stipulation is a breath of fresh air for addressing the issue of case pendency as well as the rights of the victim and the accused in a criminal case,”
-CJI Chandrachud remarked.
However, the CJI cautioned that the effectiveness of such statutory timelines would be compromised if not complemented by adequate material resources for the courts and prosecutors. He emphasized,
“If the court infrastructure and the prosecution lack material resources to harness technology and conduct an efficient and speedy trial, then the guarantees of the BNSS may run the risk of becoming merely directory and unimplementable.”
Chandrachud, along with Solicitor General Tushar Mehta, commended the three new criminal laws slated to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The laws – BNS, BNSS, and Bharatiya Sakshya Adhiniyam – are scheduled to take effect from July 1 this year.
The CJI delivered these remarks during the inaugural session of a day-long conference organized by the Union Ministry of Law and Justice. The conference, titled “India’s Progressive Path in the Administration of Criminal Justice System,” aimed to raise awareness about the new criminal codes.
Joining Chandrachud at the event were Union Minister of State for Law (Independent Charge) Arjun Ram Meghwal, Attorney General for India R Venkataramani, and Union Home Secretary Ajay Bhalla, who also shared their perspectives on the legislative reforms.
Praising the BNSS for its provisions promoting electronic trial proceedings, the CJI stressed the importance of maintaining the privacy concerns of the parties involved in such proceedings.
“It was very heartening to notice that Section 532 of the BNSS allows for all trials, inquiries, and proceedings under the Code to be conducted electronically, as laudable as this addition is, we must continuously introspect and protect the privacy of the accused as well as the victim when dealing with digitization of proceedings and creating digital evidence.”
–CJI Chandrachud added.
Solicitor General of India (SG) Tushar Mehta highlighted the long-awaited nature of the new laws, emphasizing their significance in India’s legal history. Mehta credited the enactment of these reforms to the leadership of Prime Minister Narendra Modi and Home Minister Amit Shah, noting their essential role in bringing about these changes.
“In the history of any nation, a time comes when you have to shift from old to new. Before Independence, we were governed by laws meant to rule us rather than the rule of law, which we inherited. The country was craving and expecting an Indianized version bringing a shift in the regime of punishment and justice. I thank the Prime Minister and Home Minister for taking the opportunity to reform. Continuing the status quo is always the easy option, changing it requires courage and conviction.”
-Mehta remarked.
Addressing specific provisions of the Bharatiya Nyaya Sanhita (BNS), Mehta discussed Section 187 (staggered custody) and dismissed criticism against it. He elucidated on the rationale behind this provision and its implications for accused individuals.
“Accused earlier sought medical bail after arrest. Some hospitals oblige the accused also and say interrogation cannot happen. This was being misused most of the times, especially by those with financial wherewithal and facing criminal trial. Now the law provides that the 15-day period (for police custody) can be segregated; it can be used within 60 or 90 days, as the case may be, depending on allegations. It can be used in installments. It is not anti-people but anti-criminal; it will not harm common people,”
-he elaborated.
Mehta’s remarks underscored the comprehensive nature of the legal reforms and the efforts to balance the interests of justice with the protection of individual rights, reflecting a concerted endeavor towards a more efficient and equitable criminal justice system in India.
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