Upasana Yadav, Army Institute of Law, Mohali
Introduction
The Indian legal system has a strong foundation in colonial history, which is why it's crucial to modernize it to better align with Indian demographics, geography, and criminology. On December 12, 2023, Amit Shah, the Union Home Minister, proposed three Bills in the Parliament aimed at replacing the Indian Penal Code (IPC), 1860 with the Bharatiya Nyaya Sanhita (BNS), 2023, the Indian Evidence Act, 1872 with the Bharatiya Sakshya Bill, 2023, and the Code of Criminal Procedure (Cr.P.C), 1973 with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
These changes seek to update the criminal justice system by dealing with old laws and advocating for fairer justice that fits Indian demographics, geography, and criminology. The changes involve updated crimes and punishments, faster procedures to lessen wait times, victim-focused methods with increased assistance, incorporation of technology, and legal changes like Alternate Dispute Resolution (ADR). While some back the revisions, worries linger about how they may affect justice, governance, and societal dynamics, leading to demands for a comprehensive inquiry before being put into effect.
Need for New Criminal Laws
• Addressing out-dated frameworks: The existing Criminal Laws including IPC, 1860, Indian Evidence Act, 1872 and Cr.P.C, 1973 were formulated in the 19th C for British governance, focusing more on oppression than serving justice democratically. In addition, these laws fail to address the intricacies and nuances of present legal and societal environment, making a complete update essential. For instance, Sedition (Section 124A of IPC, 1860) was introduced by the British to put legal restrictions on the freedom of speech and expression of Indians.
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