India’s Ministry of Law and Justice faces challenges in implementing new criminal laws and integrating technology into legal processes. Introduced in 2023, three new legal frameworks are poised to replace longstanding laws, signaling a significant shift in India’s criminal justice system effective from July 1, 2024.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: As India prepares for the appointment of its new law minister, the Ministry of Law and Justice is confronted with significant challenges, particularly in the implementation of newly introduced criminal laws and the integration of advanced technology into the legal landscape, focusing on arbitration, conciliation, and mediation.
In 2023, the Parliament introduced three pivotal legal frameworks: Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These laws are set to replace the long-standing Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. The new regulations are scheduled to take effect from July 1, 2024, marking a substantial shift in India’s criminal justice system.
Two weeks prior, the Law Secretary of Puducherry addressed the Directorate of Higher and Technical Education in Puducherry, urging them to instruct Pondicherry University, deemed universities, and law colleges to integrate the new criminal laws into their syllabi for both undergraduate and postgraduate courses. This directive aims to ensure that future legal professionals are well-versed in the updated legal frameworks. The department has also initiated various measures to raise awareness among students, the public, and all stakeholders involved in the criminal justice system about these new laws.
In preparation for the new laws’ implementation, the Ministry of Home Affairs informed all union territories (UTs) on May 12 about the necessity of a legal examination to determine if the existing forensic assistants could be officially recognized as forensic experts. This step is crucial as the new laws are expected to significantly increase the demand for forensic expertise.
Dr. Rajiv Mani, Secretary of the Legislative Department, Ministry of Law and Justice, emphasized the pivotal role of technology in the evolving legal landscape.
“We are utilizing artificial intelligence (AI) to translate various laws across the country.”
– he stated, highlighting the innovative steps being taken to modernize legal processes.
Regarding the integration of technology into arbitration and mediation, Dr. Mani elaborated on the conscious efforts to incorporate online mediation.
ALSO READ: Supreme Court and IIT Madras Ink Agreement to Harness AI for Judiciary’s Digital Evolution
“We are in the process of introducing new amendments to the Arbitration and Conciliation Act. This will also include conducting arbitration proceedings via online platforms.”
-he explained.
This move is expected to streamline dispute resolution processes, making them more efficient and accessible.
The Department of Legal Affairs, Ministry of Law and Justice, organized a conference on April 21, 2024, themed ‘India’s Progressive Path in the Administration of Criminal Justice System.’ Held at the Dr. Ambedkar International Centre, Janpath, New Delhi, the event underscored the nation’s commitment to enhancing efficiency and accessibility in the legal domain.
Chief Justice of India Dr. Justice D.Y. Chandrachud emphasized the transformative potential of the new Bharatiya Nagrik Suraksha Sanhita (BNSS).
“The BNSS mandates that criminal trials be completed within three years, and judgments be delivered within 45 days of being reserved. This measure will help reduce backlogs and expedite justice delivery.”
– he stated.
The BNSS aims to provide a holistic approach to addressing crimes in the digital age, reflecting the need for a modern legal framework.
One of the significant aspects of the BNSS is its provision for electronic trials and proceedings.
“It is very encouraging to see that Section 530 of the BNSS allows for all trials, inquiries, and proceedings to be conducted electronically, aligning with current technological needs.”
-said Chief Justice Chandrachud.
He further highlighted the importance of protecting privacy in the digital era, particularly with the digitization of legal proceedings and handling digital evidence.
The conference also featured discussions on the role of online platforms in dispute resolution. He explained that the online platform will be equal for everyone, irrespective of the status of the litigants. Online platforms can offer a robust solution for the resolution of disputes, and AI could be used to identify cases of arbitration, mediation, and conciliation. This technological integration is expected to make the legal process more accessible and efficient.
Law Minister Arjun Ram Meghwal echoed this sentiment during his address, emphasizing India’s potential to become a global hub for arbitration.
“We have enacted the Mediation Bill and mentioned the establishment of commercial courts; these are significant advancements requiring technical expertise. However, I must emphasize that the role of the legal fraternity is crucial.”
-he said.
The integration of AI and other legal technologies is already making significant waves in the legal profession. Former additional solicitor general of India, Sanjay Jain, highlighted the necessity for general counsels to adapt to these changes.
ALSO READ: Delhi High Court Judge: Courts Encountering “Complex & Difficult” Time Due To AI
“As companies expand globally, general counsels must navigate complex international laws, trade regulations, and cross-border transactions. This demands a profound understanding of different legal systems and cultures. The integration of AI and other legal technologies is revolutionizing the legal profession. General counsels should harness these tools for contract management, compliance, legal research, and to enhance service efficiency.”
-he said.
These insights reflect a broader trend towards modernization and efficiency within India’s legal system. The adoption of digital tools and AI not only promises to expedite legal processes but also ensures equal access to justice, regardless of litigants’ status. This shift is expected to significantly reduce the backlog of cases and enhance the overall delivery of justice.
