Amrita Kaur Johar, Assistant Professor of Law at Manikchand Pahade Law College, Chhatrapati Sambhajinagar (MS)
ABSTRACT
The heritage of criminal laws in our country have remained age old for around 150-200 years and are deep rooted in colonial era. The basic foundation of our criminal administration of justice is adversarial which has been derived from the common law system. With the recent move of the Government by replacing these age-old laws of Indian Penal Code, Criminal Procedure Code and Indian Evidence Act with Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita and Bhartiya Sakshya Adhiniyam the government has remarked that all the colonial signs and touches in these laws have been removed. The laws are going to match with the needs of modern times and shall expedite the cases and trials in courts. These changes incorporated are with high spirits but at the same time it has also been subjected to criticism by ex-bureaucrats and many experts including retired Judge of the Supreme Court. These laws are remarked as “Old Wine in New Bottle” as majority of the changes are structural with less substance in them. The decolonization to be met out by these laws has been questioned and also the arbitrary powers given to police authorities has been a matter of concern. Rights of accused and fair trial are at stake. Therefore, questions have also been raised on these laws standing constitutional morality. The proper balance between Victim centric approach and accused rights are not found to be balanced. Although it cannot be denied that there are some positive sides of these changes especially in the area of electronic communication and evidence. The ground reality of success of these laws shall be revealed only with the passage of time.
Keywords: New criminal laws, decolonization, adversarial system, criminal justice, victim centric approach, electronic & digital evidence, rights of accused, fair trial, constitutional morality.
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