Implementation of New Criminal Laws

Chandigarh has become the first city in India to fully implement three new criminal laws introduced five months ago. These laws aim to modernize and strengthen the criminal justice system by integrating key pillars such as the police, forensics, and judiciary.

About New Criminal Laws:

• The three laws introduced are:
  • Bharatiya Nyaya Sanhita (replaces the Indian Penal Code of 1860)
  • Bharatiya Sakshya Adhiniyam (replaces the Indian Evidence Act of 1872)
  • Bharatiya Nagarik Suraksha Sanhita (replaces the Code of Criminal Procedure of 1898)
• These new laws require upgrading infrastructure and forensic capabilities. States have five years to fully implement them.
• The new law seeks to replace the colonial-era sedition law which was mainly used against Indian political leaders seeking independence from British rule.
• Also, the state-of-the-art technologies have been incorporated in these laws.
• The objective of these laws is not to punish anyone but give justice and in this process punishment will be given where it is required to create a sense of prevention of crime.

Need for Reforms in India’s Criminal Justice System

The need for reforms in India's criminal justice system arises due to several deep-rooted issues that hinder the delivery of justice:

• Colonial Legacy: The current legal system is based on colonial-era laws inherited from British rule. These laws were designed to control and dominate the population rather than serve the interests of justice. Their relevance and effectiveness in today’s democratic India are questionable.
• Ineffective Justice System: The system often fails to protect the innocent or punish the guilty. Instead of delivering justice efficiently, the system frequently leads to harassment, especially for ordinary citizens, due to its outdated procedures and lack of timely action.
• Backlog of Cases: India faces a massive backlog of approximately 35 million pending cases in its courts, particularly at the local and district levels. This delay in the legal process denies justice to many individuals, particularly those waiting for long periods for their cases to be heard.
• High Number of Undertrials: India has one of the highest proportions of undertrial prisoners in the world. Over two-thirds of India’s prison population consists of individuals who are awaiting trial, further exacerbating the issue of overcrowded prisons and delayed justice.
• Police Challenges: The police are an essential part of the criminal justice system, but they face significant challenges such as corruption, heavy workloads, and lack of accountability. These issues make it difficult for the police to carry out their duties fairly and efficiently, often delaying justice and compromising public trust.

Positive Aspects and Concerns