Home ministry likely to notify three criminal justice laws before January 26
In a significant development, the Ministry of Home Affairs (MHA) is poised to notify three new criminal justice acts, replacing colonial laws such as the IPC, the CrPC, and the Evidence Act, surpassing January 26. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, passed by the Parliament in the recent Winter Session, will see a phased implementation. A pilot project in Ahmedabad, whence in the next two months, will precede nationwide implementation, predictable to take nine months to a year.
A comprehensive training program is in the pipeline, involving 3,000 master trainers who will train police personnel. This training initiative aims to ensure a pyramid structure of knowledge percolating to each district. The Bureau of Police Research and Minutiae is overseeing a task gravity for coordination, while the National Crime Records Bureau will integrate various criminal justice system wings, including the Interoperable Criminal Justice System and the Crime and Criminal Tracking Network.
Key components of the plan include the storage of data in the cloud, scientific investigation emphasis, and the digitization of the unshortened criminal justice process, including the judiciary. Chandigarh will pioneer the integration and implementation of multiple platforms. The move has garnered support from all states, except for Arunachal Pradesh and Kerala, as Home Minister Amit Shah advocates the megacosm of a separate Director of Prosecution in each district.
The Bharatiya Nyaya Sanhita (BNS), replacing the Indian Penal Code, withal with the Bharatiya Sakshya (BS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the Indian Evidence Act and Code of Criminal Procedure, respectively, were notified in the Gazette of India on December 25, 2023.
The legislation opens the possibility of trials in absentia for fugitives and those wanted in terror cases, addressing loopholes that some exploit when facing charges abroad. The unshortened process, including the judiciary, is expected to go online, emphasizing a shift toward a faster and increasingly technologically integrated criminal justice system.
The government plans to notify the three new criminal laws by January 26, while ongoing dry runs and technology integration efforts protract to ensure a smooth implementation process. Chandigarh has been selected as a model municipality to test the new infrastructure needed for the establishment of the new laws, fostering e-courts, e-jail, and e-forensics integration.
The typhoon circular invites comments from stakeholders, including banks and market participants, by January 31, 2024, indicating an evolving legal landscape that aligns with modern requirements.
