Concerns related to India’s new criminal laws

Source: The post concerns related to India’s new criminal laws has been created, based on the article “New criminal codes, same old challenges of the justice system” published in “Indian Express” on 20th September is 2024

UPSC Syllabus Topic: GS Paper 2-governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses concerns about India’s new criminal laws. It highlights the challenges of speeding up trials, providing bail, improving forensic capabilities, and addressing the shortage of judges and police officers. Training and infrastructure improvements are urgently needed for success.

For detailed information on new criminal justice system read this article here

What Changes Are Made to India’s criminal laws?

1. New Codes Introduced: The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) replace the IPC, CrPC, and Evidence Act to suit modern needs.
2. Faster Trials: Judgments must be delivered within 45 days post-trial, and charges framed within 60 days. Yet, with 5.1 crore cases pending and an average of 2,474 cases per judge in 2024, system readiness is questionable.
3. Bail Reforms: First-time offenders can apply for bail after serving a third of their sentence, instead of half, addressing the rise in undertrial prisoners, which increased from 3.7 lakh in 2020 to 4.2 lakh in 2022.
4. Forensic and Technology: Forensic investigations are mandatory for crimes with over seven years of punishment, and technology-based evidence requires careful handling to maintain integrity.

What are the concerns related to India’s new criminal laws?

1. Trials must conclude within 45 days, but with 5.1 crore pending cases and 2,474 cases per judge (up from 2,391 in 2022), this is challenging.
2. BNSS allows first-time offenders to apply for bail after serving one-third of their sentence, but undertrial numbers rose from 3.7 lakh in 2020 to 4.2 lakh in 2022.
3. Vacancies in courts (21% in lower courts, 30% in high courts) and inadequate female police officers (80% in the constabulary) affect the justice system.
4. Mandated forensic investigations face shortages of labs, trained professionals, and infrastructure, despite the Rs 2,254 crore National Forensic Infrastructure Enhancement Scheme.
5. Managing the integrity of electronic evidence and training judges for its proper evaluation is critical.

What Should be Done?

1. The implementation of these laws faces significant obstacles due to the lack of judges, inadequate police numbers, and underfunded forensic capabilities.
2. Comprehensive training and improvements in infrastructure are essential to ensure the new laws’ success in creating a fair and efficient justice system.

Question for practice:

Examine the challenges and potential solutions for implementing India’s new criminal laws.