Three new criminal laws aimed at transforming the Indian justice system are set to come into force on July 1. Named Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita, these laws will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively.
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NEW DELHI: Three new criminal laws aimed at overhauling the criminal justice system are scheduled to take effect from July 1. These laws are named Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita, replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.
The three pivotal laws – the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Sanhita – will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively. This overhaul is anticipated to modernize and expedite the legal proceedings in India, ensuring a more efficient justice delivery system.
Key Changes in the New Laws
One of the most noteworthy changes introduced by the new laws is the establishment of specific timelines for conducting trials and delivering verdicts. This is a departure from the current system, which often sees significant delays in the judicial process.
The Bharatiya Nagarik Suraksha Samhita mandates that a verdict in a criminal trial be delivered within 30 to 45 days. This provision is aimed at expediting the judicial process and reducing the backlog of cases.
Section 258 of the Bharatiya Nagarik Suraksha Samhita states-
“After considering arguments and legal points (if any), the Judge shall render a judgment in the case promptly, within 30 days from the conclusion of arguments. This period may be extended up to 45 days, with reasons documented in writing.”
This is a significant shift from the current provisions under the Code of Civil Procedure, which advises courts to “make every endeavour” to deliver a verdict within 30 days from the conclusion of the case hearing. It also sets a maximum limit of 60 days for delivering a verdict from the conclusion of arguments. In contrast, the Criminal Procedure Code (CrPC) under Section 353 currently states that a verdict should be delivered either “immediately in open court” or “at some subsequent time.”
Implications of the New Laws
The introduction of these new laws is expected to have far-reaching implications for the Indian judicial system. By setting stringent timelines for the delivery of judgments, the new legislation aims to address one of the most critical challenges faced by the judiciary – the delay in the resolution of cases. This is particularly significant in criminal cases, where prolonged trials can have severe consequences for the accused, the victims, and their families.
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Moreover, the Bharatiya Nyaya Sanhita is set to replace the IPC, bringing in reforms that are expected to modernize the criminal code, making it more relevant to contemporary society. The Bharatiya Sakshya Sanhita will overhaul the Indian Evidence Act, which will likely introduce new provisions to streamline the admissibility and evaluation of evidence, further expediting legal proceedings.
The Bharatiya Nagarik Suraksha Sanhita, an updated legislative framework, aims to streamline judicial processes by introducing specific timelines for discharging accused persons if the complainant fails to appear in court. This significant amendment is encapsulated in Section 272 of the bill.
Specific Provisions in the Bill
Section 272 of the Bharatiya Nagarik Suraksha Sanhita states:
“When a case is initiated based on a complaint, and the complainant is absent on the scheduled hearing date, and if the offense can be legally settled or is not a serious offense, the Magistrate may, after granting 30 days for the complainant to appear, at their discretion, before the charge is framed, discharge the accused, irrespective of previous provisions.”
This provision is a marked departure from the current Code of Criminal Procedure (CrPC), which does not set specific timelines for notifying the complainant or initiating the procedure to discharge the accused in such cases. Currently, the process and its timeline are left entirely to the discretion of the magistrate.
The introduction of this timeline is part of a broader effort to address delays in the judicial system. When the new laws were debated in the Lok Sabha last year, Home Minister Amit Shah highlighted the government’s efforts to reduce delays between judgment and sentencing.
He stated:
“While earlier there used to be a considerable delay between the issuance of judgments and the delivery of sentences, but the government has made efforts to reduce this gap in the new legislation.”
Delays in verdict pronouncements have long been a concern in the Indian judicial system. Various courts have pointed out that such delays undermine public trust. The Bharatiya Nagarik Suraksha Sanhita aims to address this issue by ensuring a more streamlined process.
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The Supreme Court has also taken steps to expedite the judicial process. Last year, the apex court issued detailed directives aimed at speeding up trials. These directives included transferring cases for “re-hearing” to a different bench if a verdict is not delivered within six months of concluding arguments. This move was aimed at ensuring that justice is not delayed and that the judicial system remains efficient and trustworthy.
