December 25, 2024

Redefining Justice: The positive impact of New Criminal Laws

The Polymath Team

An effective criminal justice system is the foundation of a prosperous state. But, unfortunately, the prevailing situation within the Indian judiciary is often characterized by extended delays and repeated adjournments, overshadowing its efficiency. In the past, India was known for its vibrant, hierarchical, and fair judicial system, but all of that changed with the British invasion. British rule in India began with the Battle of Plassey in 1757, and in 1857, the Indian soldiers revolted against the

British. This uprising made the British realize that there was a need to tighten their control over India. In response, they laid the foundation of the modern-day criminal justice system by introducing criminal laws like Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. These laws were focused on protecting the interests of the Britishers, rather than to provide justice.

Despite India gained independence in 1947, these colonial criminal laws remained largely unchanged. There have been efforts to make changes to these laws over time, but no substantial reforms have been achieved. The Colonial judicial system was slow and complicated. Cases often move through courts, where new arguments and evidence extend the process, with dates spaced months or years apart, causing trials to drag on for decades. Meanwhile, victims endure prolonged suffering. Recognizing the need for reform, the Indian government rewrote these laws.   

The old laws didn’t prescribe a strict and mandatory time limit within which the different stages like arrest, investigation, charge framing etc, should be completed. The new laws now set clear timelines for various stages in the criminal process. For instance, the proceedings should begin within 14 days from the date of production or appearance of the accused, and the charges have to be framed by the magistrate, within 60 days, from the first hearing. Meanwhile, the victim should be updated regarding the status of investigation within 90 days. Under the old laws, court trials could take longtime because hearings were often adjourned. This happened due to delays in submitting documents, witnesses not being available, lawyers needing more time to prepare the case etc. However, the new laws require courts to hold daily hearings for certain cases, and limit each side to a maximum of three postponements. Also, a new provision is added, where the trial can proceed in the absence of accused. This ensures that individuals are held accountable to the law, preventing them from evading trials, and promoting fair and timely justice. The final judgement must be given within 30 days of the last hearing, with a possible extension of up to 45 days if necessary. These timelines cover over 68 areas that seek to speed up the system, and uphold the rights and dignity of both the victim and the accused. This change will lead to timely disposal of cases, and could significantly alleviate the overcrowding in jails, by reducing the number of undertrials, who currently make up three out of four prisoners, according to the National Crime Records Bureau. 

The old laws relied on physical documentation and in-person appearances, leading to delays and inefficiencies. The new laws have integrated technology to cover the entire process, from FIR registration to trials, and it formalizes the use of video conferencing for court proceedings, a practice only occasionally used earlier. A provision has been introduced which mandates the use of audiovideo recording during the search and seizure of the crime scene. Further, forensic experts have been mandated to visit the crime scene to collect forensic evidence in all heinous crimes. By capturing the crime scene in a credible manner, can help overcome issues of contradictory witness testimonies, allegations of tampering, improving the quality of evidence collection, and will ensure safeguard against high-handedness of the investigating agencies. Additionally, provisions now allow electronic documents as primary evidence, expanding ‘documents’ to include digital records, emails, messages, and more. This thorough approach was lacking in the old laws and is intended to ensure that we are prepared to harness technology in an efficient manner. 

Additionally, the new law introduces the concept of preliminary enquiry, to be completed within 14 days, which seeks to serve as a safeguard against frivolous complaints by allowing the police to assess the veracity of the complaint before formally registering an FIR. This approach not only ensures that genuine cases are addressed promptly, but also reduces the risk of legal harassment. It also prevents over-criminalization of the society.

Also, in the new law’s community service is added as a punishment, particularly for minor offences such as theft or defamation. This reform is based on the principle that punishment should be reformative rather than retributive. While it will take time to fully grasp the outcomes of these progressive laws, they represent one of the most comprehensive reforms since independence, and if realized, they will significantly enhance our credentials as a society.

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