2nd July 2024 (9 Topics)
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On the new Criminal Laws, state of Preparedness
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Context
The Union government has recently introduced three new criminal laws in India, replacing longstanding statutes such as the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act. This legislative overhaul has sparked significant debate and raised concerns about the readiness of the policing and judicial systems for the implementation of these new legal frameworks.
Challenges in Preparedness
- Insufficient Training and Technological Upgrades: Despite some rudimentary training sessions and technological upgrades like the Crime and Criminal Tracking Network and Systems (CCTNS), doubts persist regarding the preparedness of both upper and lower levels of the police force.
- Minimal Training for Station-House Personnel: Reports indicate that station-house personnel have received minimal training, which may hinder their ability to effectively enforce the new laws.
- Rushed Transition and Inadequate Workshops: The hurried transition to the new legal frameworks underscores the inadequacy of current workshops and training programs in equipping law enforcement and judicial officers adequately.
Concerns Regarding Implementation
- Ambiguity in Legal Framework: The introduction of new laws with Hindi names and the absence of English equivalents has caused confusion among stakeholders, impacting accessibility and comprehension of the legal provisions.
- Insufficient Legislative Debate: Critics argue that the legislative process lacked sufficient time for thorough debate within the legislature and broader civil society, raising questions about transparency and stakeholder inclusiveness.
- Concerns Over Expanded Police Powers: Concerns persist over potential loopholes and unintended consequences of certain provisions, such as expanded police powers related to custody, which could potentially infringe upon citizens' rights.
Implications and Future Outlook
- Inclusion of Terrorism Offenses: The inclusion of terrorism as a regular criminal offense alongside existing anti-terrorism laws has introduced ambiguity and operational challenges.
- Autonomy for States in Amendments: States have been granted autonomy to amend the new laws, but uncertainties remain regarding the speed and assurance of Presidential assent to these amendments.
- Mixed Reactions to Procedural Reforms: While procedural reforms like mandatory FIR registration and the use of videography in searches are seen as positive steps, doubts linger about the overall effectiveness and the potential for unintended consequences in the implementation of the new legal framework.
Mains Question
Q. Critically analyze the implications of the recent enactment of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam on India's criminal justice system. Discuss the challenges in their implementation and evaluate their potential impact on police-citizen relations.
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