NEW CRIMINAL CODES, SAME OLD CHALLENGES OF THE JUSTICE SYSTEM

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Context:

The Adoption of new Criminal Codes, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) generated significant controversy.

Details

Bharatiya Nyaya Sanhita (BNS)

• It replaces the Indian Penal Code (IPC) 1860 to handle contemporary crimes like cybercrime, terrorism, and organised crime.
• It seeks to prevent misuse of sedition laws while preserving the state's ability to respond to actual threats to national security.
• Existing offences, such as human trafficking and domestic abuse, now have greater punishments, including longer jail sentences and higher fines.
• Minor offences can now be punished by community service rather than imprisonment.
• The mandatory collecting of forensic evidence during investigations to ensure more consistent outcomes in criminal trials.
• It repeals outdated colonial statutes and replaces them with laws that reflect modern ideals and constitutional principles.

Bharatiya Nagarik Suraksha Sanhita (BNSS)

• It replaced the 1973 Code of Criminal Procedure (CrPC) in an effort to modernise criminal investigations via the use of technology and forensic science.
• It has implemented Zero FIRs, which allow anyone to lodge complaints at any police station, and the FIR is subsequently transferred to the relevant jurisdiction, assuring quick registration and speedy investigation.
• It introduces electronic FIRs (e-FIRs), which allow citizens to make complaints online, making the procedure easier and more efficient. This technology speeds up the process of filing complaints.
• To improve accountability and transparency in law enforcement, it requires videotaping of search and seizure operations, minimising the possibility of abuse of authority and protecting individual rights.
• It aims to simplify trial procedures by establishing defined deadlines for draughting charges (60 days) and delivering judgements (45 days).
• It extends bail options to first-time offenders who have served one-third of their maximum sentence.

Bharatiya Sakshya Adhiniyam (BSA)

• It replaced Indian Evidence Act 1872 to enhance the efficiency and reliability of the criminal justice system.
• It governs the admissibility, relevance, and presentation of evidence in criminal cases.
• It facilitates the inclusion of electronic and digital evidence, aligning with technological advancements in crime and investigation.
• It establishes standards for preserving the chain of custody for digital evidence, and procedures for expert cross-examination.
• It strengthens the reliability and credibility of forensic evidence, reducing wrongful convictions or acquittals based on faulty evidence collection. 

Challenges in the Effective Implementation of the New Criminal Codes

Timelines and Pendency

The new codes require judgements to be given within 45 days of trial completion and charges to be filed within 60 days of the first hearing. However, these time frames raise questions about the system's current capabilities.

The justice system has numerous challenges that hinder its ability to provide timely and equitable justice. More than 5.1 crore cases are pending in various courts. The average workload has increased, resulting in longer trial lengths and greater undertrials.

According to the India Justice Report, lower courts have a 21% vacancy rate, while high courts have a 30% shortage. This lack of staff causes delays in justice and compromises the quality of legal procedures.

Access to Justice

The law now allows first-time offenders who have completed one-third of their sentence to seek bail instead of the former requirement of serving half. Though the move looks good, it highlights the ongoing problem of poor implementation.

Despite having legal assistance and regulatory bodies, many undertrials are held in prison for long periods due to administrative inefficiencies.

Forensic Evidence and Technological Challenges

India still faces serious forensic capacity challenges. There is a shortage of forensic labs, trained specialists, and necessary equipment.

As technology advances, so does the nature of evidence. Therefore, courts must ensure that electronic evidence is tamper-proof and that its integrity is preserved throughout its existence. Judges need training to understand the legitimacy of digital evidence to uphold public trust in the judicial system.

Way Forward to ensure effective implementation of the new criminal codes

A comprehensive approach to training and resource allocation is required. Police officers, judges, forensic experts, and Legal stakeholders must receive modern training to ensure that all participants understand all aspects of the new criminal codes.

Infrastructure upgradation required for an efficent Judicial system. Courtrooms must be equipped with the required technology to handle electronic evidence. Investing in modern facilities has the potential to speed up the process and contribute to the efficient resolution of cases.

The new code requires female officers to record statements of women victims; however, only 20% of female police officers in senior ranks may make implementation challenging. To address this issue, the government should prioritise training more female officers and boosting their presence in senior positions. This can help establish trust with victims and urge them to come forward.

Modern technology can strengthen the legal system. Digital case management tools can assist courts in managing their proceedings more efficiently, and online platforms can help struggling individuals access legal aid. This can empower marginalised communities while ensuring all individuals have access to justice.

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Source:

Indian Express

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