New criminal laws ensure faster, tech-driven justice: Home Ministry
New Delhi, July 21
The Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 were enacted in place of the old legislation to modernise the criminal justice system and make it faster, simpler and more transparent, said a statement from the Home Ministry in the Lok Sabha on Tuesday.
Union Minister of State for Home Bandi Sanjay Kumar, while answering a question, asserted that the new provisions have ensured faster and fair resolution of cases, instilling confidence in the legal system.
He said the new laws prioritise investigations into offences against women and children, ensuring timely completion within two months of the information being recorded.
Further, there is provision of a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery. To improve the speed, efficiency, and transparency of the judicial process, applications such as e-Sakshya, e-Summon, and Nyaya-Shruti (VC) have been developed, he added.
While e-Sakshya enables lawful, scientific, and tamper-proof collection, preservation, and electronic submission of digital evidence, e-Summon allows summonses to be delivered electronically, making the process faster, time-bound, and easily trackable. Nyaya-Shruti (VC) facilitates virtual appearance of accused persons, witnesses, police officials, prosecutors, scientific experts, prisoners and others involved through video conferencing.
Specific amendments resulted from recommendations by the Law Commission and various committees proposing reforms to the country's criminal justice system, the minister pointed out.
The Parliamentary Standing Committee on Home Affairs, in its 111th (2005), 128th (2006) and 146th (2010) reports, had also recommended a comprehensive review of the criminal justice system by introducing legislation in Parliament rather than bringing about piecemeal amendments in respective Acts, he stated.
The new laws ensure that crucial stages of investigation and trial, such as the preliminary enquiry, further investigation, the supply of documents to the victim and the accused, the pronouncement of judgment, and the filing of mercy petitions, are streamlined and completed within stipulated periods.
These laws were notified in the Gazette of India on December 25, 2023, and the provisions of BNS, except for some parts, and BSA came into force from July 1, 2024. The old colonial-era legislation was replaced with the introduction of technology-driven processes, faster investigation, victim-centric mechanisms and time-bound justice.
— IANS
Reader Comments
Finally some real reform! The two-month deadline for women and child abuse cases is crucial. My cousin's case dragged on for 3 years, and the trauma was unbearable. If this actually works, it'll change lives. But I'll believe it when I see it happen on the ground.
Interesting approach. In the UK, we've been using digital evidence management for years, but it still has teething problems. I'm curious how India will handle the massive scale - especially with e-summon delivery to remote villages. Hope they learned from our mistakes!
Maximum two adjournments? Finally! Courts were becoming a circus with endless adjournments. But will this apply to all cases or just new ones? And what about the backlog of millions of pending cases? We need a separate mechanism to clear those, not just new laws.
Having worked in Canadian criminal law, I'm impressed by the digital agenda - e-Sakshya and virtual appearances via Nyaya-Shruti could truly speed things up. But digital divide is real. I visited Uttarakhand last year, and many courts didn't even have reliable power backup. Tech without basic infrastructure is wishful thinking.
I'm cautiously optimistic. The old laws were from British times, so change was overdue. But implementing these across India's diversity won't be easy. The Law Commission reports from 2005, 2006, 2010 should have been acted upon earlier. Still, better late than never! 🇮🇳
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