The fact that India managed to get its new criminal laws before GTA-6, a game that is centred around breaking law and order, is a sign of things to come. One can definitely look forward to the possibility of speedy justice being delivered. The journey behind the implementation of the new criminal laws began in 2020 when the Ministry of Home Affairs instituted a committee to review the then existing three codes of Criminal Law. Fast forward to December 2023, the Bharatiya Nyay Sanhita, Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita, got approved by both houses of Parliament and obtained assent from the President of India. This is a historic moment in India’s judicial journey as, for the first time, delivering justice has been given precedence over punishing the culprit. The new criminal laws eliminate the shortcomings of the colonial judicial process, by attaching accountability on the executive and incorporating technology to ensure speedy reporting of crimes. A noteworthy feature is the special attention being given to clamping down crimes against women and children. The new laws mandate that a police investigation has to be completed within 60 days from the first hearing in matters of crimes against women and childrenAnother timely upgrade has been the shift towards digitisation. As a major step towards eliminating the possible hindrances that arise due to social stigmas, the Government has now provided a new facility of electronic First Information Reports (e-FIRs) for reporting crimes against women. The digital platform allows swift reporting by negating traditional barriers, where women had to deal with hostile police stations, and it reflects the established legal principles that emphasise on timely reporting..The new laws have not only adopted technology but also incorporated it in such a way that they can keep pace with changing technology for the next 50 years. Introduction of technology at all stages, from crime scene visit to investigation to trials, is a game changer as it will ensure transparency in all steps of the process. It is clearly understood, from the decision to mandate inclusion of audio-video recording in search and seizure proceedings, that transparency along with lesser turn-around-time have been considered topmost priority by the lawmakers.The next interesting feature is that, if one thought that they can evade punishment by escaping from the police just like how it happens in GTA, the court is now empowered to rule on such cases in the absence of the accused and the punishment will be carried out once the person is found and produced before the authorities. As a reformative approach towards petty offenders, the new criminal laws have introduced the concept of community service as an alternative to imprisonment. A quick overview of the new criminal laws gives us the understanding that implementation of justice through a victim centric approach, prioritisation of national security and introducing digital/electronic evidence reviews, have been the key focus areas.It is fair to say that the speedy delivery of justice through fair and transparent investigation is an objective that is only half achieved through mere introduction of new laws. However, these changes must be complemented by minimal and unbiased interference of the legislature and active participation of the executive to achieve the objectives of these reforms. A dynamic justice system that delivers through a fair and transparent judicial process will provide a sense of safety and security to its law-abiding citizens, thereby ensuring that India stands first.
The fact that India managed to get its new criminal laws before GTA-6, a game that is centred around breaking law and order, is a sign of things to come. One can definitely look forward to the possibility of speedy justice being delivered. The journey behind the implementation of the new criminal laws began in 2020 when the Ministry of Home Affairs instituted a committee to review the then existing three codes of Criminal Law. Fast forward to December 2023, the Bharatiya Nyay Sanhita, Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita, got approved by both houses of Parliament and obtained assent from the President of India. This is a historic moment in India’s judicial journey as, for the first time, delivering justice has been given precedence over punishing the culprit. The new criminal laws eliminate the shortcomings of the colonial judicial process, by attaching accountability on the executive and incorporating technology to ensure speedy reporting of crimes. A noteworthy feature is the special attention being given to clamping down crimes against women and children. The new laws mandate that a police investigation has to be completed within 60 days from the first hearing in matters of crimes against women and childrenAnother timely upgrade has been the shift towards digitisation. As a major step towards eliminating the possible hindrances that arise due to social stigmas, the Government has now provided a new facility of electronic First Information Reports (e-FIRs) for reporting crimes against women. The digital platform allows swift reporting by negating traditional barriers, where women had to deal with hostile police stations, and it reflects the established legal principles that emphasise on timely reporting..The new laws have not only adopted technology but also incorporated it in such a way that they can keep pace with changing technology for the next 50 years. Introduction of technology at all stages, from crime scene visit to investigation to trials, is a game changer as it will ensure transparency in all steps of the process. It is clearly understood, from the decision to mandate inclusion of audio-video recording in search and seizure proceedings, that transparency along with lesser turn-around-time have been considered topmost priority by the lawmakers.The next interesting feature is that, if one thought that they can evade punishment by escaping from the police just like how it happens in GTA, the court is now empowered to rule on such cases in the absence of the accused and the punishment will be carried out once the person is found and produced before the authorities. As a reformative approach towards petty offenders, the new criminal laws have introduced the concept of community service as an alternative to imprisonment. A quick overview of the new criminal laws gives us the understanding that implementation of justice through a victim centric approach, prioritisation of national security and introducing digital/electronic evidence reviews, have been the key focus areas.It is fair to say that the speedy delivery of justice through fair and transparent investigation is an objective that is only half achieved through mere introduction of new laws. However, these changes must be complemented by minimal and unbiased interference of the legislature and active participation of the executive to achieve the objectives of these reforms. A dynamic justice system that delivers through a fair and transparent judicial process will provide a sense of safety and security to its law-abiding citizens, thereby ensuring that India stands first.