A fast and efficient justice delivery system is a sine qua non for good governance and the three new criminal laws that took effect in India from July 1 are in keeping with this principle, Arjun Ram Meghwal, the Union Minister for Law and Justice, said here on Saturday (August 17, 2024).
Being a fundamental right of every citizen, speedy justice and the ensuing ease of living are the need of the hour, he said, after inaugurating a conference on ‘Navigating change: the advancement of criminal justice dispensation in India’, organised for Central government counsel.
After due consultations
Stating that statutes like the British-era Indian Penal Code (IPC) were aimed at punishing Indians who partook in the freedom struggle, Mr. Meghwal sought to dispel the criticism about what was the need for the new laws, and rebutted allegations that they were implemented without due consultations. “The Centre was in consultation with the States, the Chief Justices, the 22 law universities, MPs, MLAs, IPS officers, State and Central forces since 2019. This was apart from 58 formal and over 100 non-formal review meetings that were convened by Union Home Minister Amit Shah. Moreover, the changes in criminal laws were made in keeping with the reforms recommended by the Law Commission of India many decades ago, but on which no action had been taken. The Union Law Ministry too was involved in the process.”
Referring to technological updates in the justice-delivery system, he said the e-prison, e-forensic and e-court platforms have been put in place, apart from a crime and criminal tracking network system (CCTNS). Steps have also been taken to prevent undue detentions and a person whose detention is not needed can now be released within minutes. Moreover, ₹2,250 crore has been invested to set up national forensic science universities in different States. These will ultimately improve the quality of the criminal-justice system.
The timelines that have been fixed for different procedures, community service that the Law Commission had suggested long back as a mode of punishment, the stern punishment for mob lynching and organised crime are among the many reforms in the new criminal laws, Mr. Meghwal said.
In his keynote address, Justice N. Nagaresh, Judge, High Court of Kerala, hoped that the criminal law reforms would help effectively tackle challenges like terrorism and organised crime. The inclusion of digital modes, the acceptance of electronic evidence and witnesses being able to testify remotely will further help streamline the justice-delivery process, he added.
The others who spoke include judge S. Manu of Kerala High Court and AR. L. Sundaresan, Additional Solicitor General of India.
The three new laws – the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) – replaced the colonial-era IPC, the Code of Criminal Procedure and the Indian Evidence Act, focusing more on justice than punishment.