Union Home Minister Amit Shah has announced that the introduction of the three new criminal laws, namely BNS-2023, BNSS-2023, and BSA-2023, will eliminate unnecessary delays and will expedite the criminal justice system in India. He further stated that these laws are intended to replace the antiquated British-era Indian Penal Code, Criminal Procedure Act, and Indian Evidence Act. Minister Shah emphasized that the proposed laws are designed to prioritize justice and safeguard citizens' constitutional and human rights. The reforms include the implementation of summary trials, the establishment of time constraints for submitting charge sheets and concluding investigations, and the timely issuance of judgments. Additionally, the laws aim to put an end to the practice of frequent adjournments in legal proceedings and provide legal recognition to electronic and digital records.
The Home Minister was making reference to the three upcoming criminal laws: Bharatiya Nyaya Sanhita (BNS-2023), Bharatiya Nagarik Suraksha Sanhita (BNSS-2023), and the Bharatiya Sakshya Adhiniyam (BSA-2023). These laws were presented in the Lok Sabha on August 11, with the intention of replacing the British-era Indian Penal Code of 1860, the Criminal Procedure Act of 1898, and the Indian Evidence Act of 1872, respectively.
During his speech at the two-day International Lawyers' Conference hosted by the Bar Council of India, Minister Amit Shah pointed out that the current criminal laws vested authority in the British to penalize individuals, while the forthcoming laws are centered on delivering justice. He went on to describe the three forthcoming criminal laws as "centered around the people" and has expressed confidence that once they are put into effect, any delays in the criminal justice system will be completely eliminated within a decade.
In his speech, he also mentioned that “due to the existing criminal justice system, there is a lot of delay in rendering justice. For a poor man, getting justice becomes all the more difficult,” and further added “India’s criminal justice system was imprinted with colonial law. All three new bills do not have a colonial imprint but have the flavor of Indian soil. The central point of these three proposed laws is to protect the constitutional and human rights of citizens as well as their personal rights.”
The Home Minister emphasized that the upcoming laws represent a significant departure from the past, as they are being introduced after nearly 160 years with an entirely new perspective and system.
Furthermore, he revealed that the government is actively working on establishing three essential ecosystems to support these new laws:
These measures are intended to enhance the efficiency and effectiveness of the criminal justice system in India. He expressed confidence that if these three initiatives and the three new ecosystems are implemented and integrated into our criminal justice system, the issue of delays in the criminal justice process will be completely resolved within a decade.
Several reforms aimed at expediting the justice system have been suggested within three pending laws currently under consideration by a Parliamentary standing committee. These reforms include the introduction of summary trials for cases with punishments of up to 3 years, setting a 60-day limit for filing charge sheets, a 90-day period for further investigations, ensuring that judgments are delivered within 30 days of completing arguments and establishing deemed sanction for prosecuting public servants after a period of 120 days, which is approximately 4 months.
Furthermore, the proposed new laws aim to put an end to the practice of frequent adjournments, enable trials to proceed in the absence of proclaimed offenders, and provide legal recognition to electronic and digital records, among numerous other noteworthy alterations.
Shah highlighted that the previous laws, which include the present Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Evidence Act, were originally designed to safeguard the interests of the British rulers. Their primary goal was to consolidate British power and enforce punishment, rather than ensuring the delivery of justice. In contrast, the new criminal laws have entirely shed the colonial legacy and embody the authentic essence of India. According to Shah, these three laws are not intended solely for punitive measures but are structured to provide justice to every citizen, with punishment being just one aspect of the broader justice delivery process.
The two-day conference commenced with an inauguration ceremony led by Prime Minister Narendra Modi on Saturday. Amit Shah delivered his remarks during the concluding session of the conference, which was also attended by the Chief Justice of India (CJI) Dhananjaya Y Chandrachud, Union Law Minister Arjun Ram Meghwal, Union Environment, and Labour Minister Bhupender Yadav, along with Justice Sanjay Kishan Kaul and other distinguished judges from the Supreme Court, as well as leaders from global law associations.
The Home Minister emphasized that the primary goal behind implementing legal reforms is to alleviate the strain on the legal system and ensure that laws prioritize the welfare of citizens. He further expressed that it's crucial to understand that no law, when first introduced, should be regarded as immutable. It is imperative for any government or legislative body to maintain an open-minded approach towards the continual improvement of laws, making necessary adjustments over time to address the challenges encountered during their implementation.
In line with this, he cited the alterations made by the government in the Insolvency and Bankruptcy Code (IBC) and the Goods and Services Tax (GST) Act as examples. He stated that the intention of lawmakers is to establish a streamlined and user-friendly system that remains pertinent to the contemporary era. The objective is not to promote the dominance of those who enact the law but to serve the greater good and adapt to the changing needs of society. He also emphasized the importance of evolving laws to meet the times' demands and the people they are meant to serve.
Amit Shah encouraged lawyers and all other concerned parties to scrutinize the three new criminal laws, focusing on the practical challenges they encounter in their daily interactions with these laws. He urged them to provide their valuable feedback and suggestions to the Union Home Secretary. He emphasized that since the adoption of the Indian Constitution, every individual across every corner of India is considered a citizen. The central objective of these three laws is to safeguard the constitutional rights, human rights, and personal rights of each and every citizen. These laws are designed to ensure the protection and well-being of every citizen in the country.
Union Environment and Labour Minister Bhupender Yadav, during his address, also emphasized that the legal reforms initiated by the government are intended to enhance the quality of life for citizens, ultimately improving the ease of living. He underlined the importance of meticulous legislative drafting in the formulation of new laws, a point that was also emphasized by Prime Minister Modi during his speech at the event on Saturday. Yadav suggested a shift in the approach to legal judgments and legal literature by incorporating ancient Indian wisdom that is relevant to our country. He proposed that the Bar Council of India (BCI) and the judiciary explore how this incorporation can be achieved, thus reflecting a blend of traditional wisdom and contemporary legal practices in the legal landscape.
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