20th September 2024 (8 Topics)
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New criminal codes, same old challenges of the justice system
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Context
The introduction of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) marks a significant shift in India’s criminal justice framework, replacing the longstanding IPC, CrPC, and Evidence Act. These changes aim to safeguard public rights and modernize the legal framework. However, concerns arise about the system's readiness to implement these ambitious reforms.
Speeding Up Trials
- Stringent Timelines: The new laws mandate that judgments must be delivered within 45 days post-trial completion, with charges framed within 60 days of the first hearing.
- Existing Backlog: The National Judicial Data Grid indicates that there are currently 5.1 crore pending cases, with an increasing average workload of 2,474 cases per judge.
- Impact on Undertrials: The number of undertrial prisoners rose from 3.7 lakh to 4.2 lakh between 2020 and 2022, highlighting the urgency for trial expediency amidst systemic delays.
Bail Provisions and Safeguards
- New Bail Norms: The BNSS extends bail provisions for first-time offenders who have served a third of their sentence, a reduction from the previous requirement of half.
- Lack of Implementation: Despite existing safeguards like free legal aid and undertrial review committees, there is a systemic laxness in ensuring the principle of "bail not jail" is honored.
- Judicial Resource Gap: With a 21% vacancy rate in lower courts and a 30% vacancy in high courts, the judicial system struggles with inadequate human resources to enforce new mandates effectively.
Forensic and Technological Challenges
- Forensic Investigation Mandate: The new laws require forensic investigations for serious crimes, with strict compliance needed or charges may be dismissed.
- Capacity Shortfalls: Current forensic capabilities are insufficient, characterized by a chronic shortage of labs and trained professionals, which may hinder effective law enforcement.
- Need for Training: Comprehensive training for all stakeholders—police, forensic personnel, and judges—is crucial to ensure they can effectively apply new laws, addressing decades of neglect in training infrastructure.
Practice Question
Q. What measures should be taken to ensure the successful implementation of new criminal codes (BNS, BNSS, BSA)?
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