New Criminal Laws: Journey To An Accessible, Egalitarian & Effective Path

Superseding the The Indian Evidence Act of 1872, the Criminal Procedure Code of 1898 and the Indian Penal Code of 1860, the Parliament passed the Bhartiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam on 21 December 2023, meliorating India's legal system.

Although the nation's current legal frameworks have been in place for a while, the new laws are a step in the right direction towards developing a judicial system that is more responsive, equitable and aligned with the changing requirements of society. Since they acknowledge the historical shortcomings of laws created during the colonial era, which were mostly intended for the consolidation of imperial control rather than the administration of justice, these laws are being referred to as tools for ‘updating the Indian Justice System’.

Present at the BW Legal: Top 100 General Counsel 2024, Sudhir Mishra, Managing Partner, Trust Legal, points some peculiar points that are seen in the new series of laws, “Road accident, as a separate category, is seen for the first time. Similarly, light issues such as thug, that were more relevant in the colonial times, have been eliminated. Third, at many places, gender has gained prominence. The new act calls out both male and female offenders equally.”

Giving a detailed overview of the new laws, Dr Pinky Anand, Senior Advocate, Supreme Court of India, says, “One of the principle concerns today is the ‘justice delivery system’. For criminal laws particularly, there are tremendous amounts of delay. While we have good laws that don’t need amendments, their delay is a huge obstacle. There still remain crores of criminal cases that are pending. The current series of laws address timelines, which if followed, will lead to faster delivery.

Second, these laws have been made victim-friendly. There is a change in orientation.

Third, clear targets have been set for economic offenses. Counterfeiting, scams, policy schemes, etc, each has been qualified and brought under current laws. This is imperative for India as we are heading the world on the economic front.”

The Corporate Concerns

An expert representing the government side, Dr Kumudini Sharma, GM (Legal), Oil India admits that the evidence part of the new laws bother her. “As a corporate, it will affect me in a direct way- the way we maintain our data, the way the integrity of data is to be supported, the way employees have to be made aware and protect the data, the archival policy etc. A robust structure in company must be made,” she suggests.

“As branding is key for all corporates, the branding of new laws comes to my mind. They bring nyaya to the center of this entire discourse. Till now, it was only penal, now it is nyaya." Nyaya, according to the constitution means, the motto of the high court is ‘Saytameva Jayate’. And the supreme court says, ‘Yato Dharmastato Jayaḥ’.

So, sayta and dharma are the end goals that these institutions respectively believe in. Now, would these be possible without nyaya? It is only a symbolic change,” expresses Sridhar Potaraju, Senior Advocate, Supreme Court of India.

Dr. Sanjeev Gemawat, Group General Counsel, Vedanta Group further adds, “Today’s new legal framework addresses major issues on two fronts- technology and societal needs. This is exactly what we are finding in all these three legislative frameworks in terms of evidence-based and data-based.

On their impact on corporates, it is essential to keep the house in order- this means from an evidence standpoint where digital data is getting recognised. This also means we will to maintain the evidence in that format, must have technology maintain that data, have a forensic-based mechanism in terms of maintaining data- before proceedings in court.

As these laws go into force, they represent not just a change in the regulations but also a dedication to establishing justice that is in line with the needs of the modern society. With this legislative move, India is marching in the direction of a judicial system that is more accessible, egalitarian, and effective. The path towards legal reform has only begun and these trailblazing statutes hold out hope for a time when justice is not just carried out but also fully inclusive and represents the diverse nature of our country.