The Central government has asked all union territories to complete readiness in view of implementation of three new criminal laws by the end of March. This directive was emphasised by a high-ranking official during a meeting attended by top law enforcement officials, chief secretaries, and other pertinent authorities, all tasked with completing training sessions and related preparatory work as stipulated by the Ministry of Home Affairs (MHA).
The legislative reforms, namely the Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023, have received presidential approval subsequent to parliamentary passage. They are slated to supplant long-standing statutes such as the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 respectively.
Despite the lack of clarity regarding the precise timeline for the implementation of these laws, the stringent deadline set forth by the central government hints at imminent enforcement, potentially within a couple of months. Sources reveal that initially only Chandigarh was earmarked as the pilot state for the initial rollout, but legal challenges pertaining to jurisdictional boundaries necessitated a synchronized readiness across all union territories.
In response to the outcome of the meeting, several union territories have established committees led by senior officers to oversee the allocated tasks and ensure compliance with the prescribed timeline. Concurrently, efforts are underway to train junior and mid-level police officers, with a significant portion having already completed the requisite sessions, indicative of proactive measures taken to expedite preparedness.
The transition to these new legal frameworks underscores a concerted effort towards modernization and alignment with contemporary societal needs. However, the comprehensive nature of implementation necessitates meticulous planning, robust training initiatives, and seamless coordination among various stakeholders to facilitate a smooth and effective transition while upholding the principles of justice and security.
The Home Ministry official said that there was a “colonial’ imprint on the legal and criminal law process. The British laws enacted 160 years ago were intended to protect the interests of the British and their government in London. Sedition and protection of treasury got precedence over murder and crime against woman. The aim was to make the British rule paramount rather than human rights of the common man of India. Complex procedures of IPC, CrPC and Indian Evidence Act led to a large number of pending cases in courts, inordinate delay in delivery of justice, deprivation of poor and socio-economically backward communities in getting justice, low conviction rate, overcrowding in jails and a large number of undertrial prisoners.
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