The revamp of the Indian Penal Code, the Criminal Procedure Code and the Indian Evidence Act, respectively renamed Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam 2023, tabled in the Indian Parliament, are not just laudable but long overdue. Most of our acts and rules are of the 1950s vintage and some even date back to the late 19th century. Hence, a comprehensive revision of these three important legislations should now pave the way for revision of several others that have not been able to break the inertia and start off the block. Revising a law is back-breaking work by professionals followed by intense scrutiny by various ministries and legal experts. Only after passing such muster can it be tabled for consideration by the Parliament. This rigour is often the reason why such changes are not initiated or even discouraged by organisations. Hence, the tabling of these ‘new’ bills is worthy of unqualified praise.
It also shows that the government is cognisant of contemporary issues that impact internal security. Ambiguous interpretations have been addressed by removal of omnibus terms such as ‘sedition’, ‘terrorism’ has been defined and atrocities against women have been accorded greater focus. Several other provisions that deal with today’s ills like organised crime, atrocities against children, hit-and-run incidents, hate speeches, lynching and the like also envisage severe penalties. Irrelevant provisions have been dropped or modified. While the number of sections in the new versions of the Criminal Procedure Code and the Indian Evidence Act remain approximately the same, the new version of the IPC contains only 356 sections as against the earlier 511. Language has been made simpler so that ordinary mortals will understand the law without the need for a law degree (I wonder if there is a subject called ‘Convoluted English’ in law degree courses).
This is substantial action towards ‘Ghulami Ki Mansikta Se Mukti’ or ‘Overcoming the Slave Mentality’ as enunciated by the Prime Minister. As a starter, all colonial words have been expunged. All our laws, rules and procedures were drafted by the British to manage and exploit a colony, not to govern its own population. That is why the Indian public has traditionally had an adversarial relationship with all government organisations and law enforcement agencies. Our laws must enable an environment where this ‘We Vs They’ mindset is changed to ‘We Are In This Together’ feeling. Many of the bribery, corruption and atrocity stories in our country today are attributed to government agencies and organisations. This must change and new laws alone will not help. This will require education of all government organisations and law enforcement agencies to effect a makeover that restores the public confidence that service will be provided free of harassment and corruption.
Delivery of justice is also sought to be addressed in the new provisions of the Bharatiya Nagarik Suraksha Sanhita. Provision of designated police officers, summary trial by magistrates, limits on time taken to pronounce judgements, number of adjournments permitted, automatic bail and a slew of other provisions aim to make the justice system more efficient and responsive to the public and public interest. Likewise, the Bharatiya Sakshya Adhiniyam recognises and admits newer methods of digital evidence such as electronic records, emails and other forms of digital data, requires digitisation of case records and includes provisions for video recordings and forensic investigations where necessary. Once again, I would like to strike a note of caution that laws are not enough. They must be backed up by filling up of judicial vacancies at the earliest, provision to trained staff that will handle modern methods of evidence collection and processing as well as a stringent monitoring mechanism that will ensure adherence to timelines for delivery of justice.
Any system is as good as the people who implement it on ground – in this case, the police, investigating agencies and the judicial system. They must be adequate in numbers (for instance, the police to public ratio in India is amongst the lowest in the world), trained and equipped for the job, be insulated from political interference and their motivation levels must be high. A resurgent India must have effective mechanisms to maintain peace and reduce crime, without which our race to realise the ‘Amrit Kaal’ will remain well below our potential.
There is only one drawback that I see in this whole exercise. Calling a cheat ‘Saala 316’ is not quite the same as saying ‘Saala 420’. Bollywood, too, will have to work overnight to educate its scriptwriters. Now, screen judges will have to proclaim “Mulzim ko Dafa 101 ke tahath phaansi ki sazaa sunayi jaati hai.” I am willing to adjust to these momentous changes – as long as justice is delivered – and people are delivered from the inefficiencies of our policing and justice systems.
Indeed very nicely articulated Sir. One is hopeful that the new Indianised rules do achieve the aim they have been designed for.
You have hit the nail on the head while pointing out the need of ensuring implementation. I think – policing being physical aspect, needs physical improvement by way of more numbers and working conditions. The Legal organisation, however seems to be doing well to adopt AI to pull much of the weight. Future looks bright 😎
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Sir,
I consider myself fortunate that I could see these changes implemented in IPC, CrPC and Indian Evidence Act in my lifetime. These were long overdue. All these were made to keep us subjugated and you have nicely elucidated the changes that have been brought out. Removal of sedition is a welcome step.
As they say proof of the pudding is in eating it, we will need to see effective implementation of the same.
Sir, Absolutely spot-on! The article truly hits the bullseye with its stellar analysis of why a robust judicial system is the real MVP. It cleverly highlights the need for the police, investigators, and the judicial bigwigs to flex their muscles, armed with proper numbers, training, and an immunity cloak against political meddling.
Well stated sir. There surely is a pressing need to consciously revisit archaic laws and adapt them to remain relevant in the evolving times. It indeed requires humongous effort. It’s nice that someone has done this painstaking work. We need to take it forward to ensure that they get comprehensively vetted by luminaries in the field, changes be made as required, and these laws finally get enacted. However, we neednto be mindful to ensure reason, rationale & relevance remain the driving force, and not our over exuberance to shed colonial legacy.
Finally, a law is as good as the spirit with which it is interpreted, implemented and abided. Thats exactly were we have fallen short. Selective use by the enforcers have not inspired any confidence in its just application. We need to work on that too.
Very good once again Biswajit. As long as justice is not delayed and delivered. Hackneyed mindsets make hackneyed societies.
We kept saying all these Brit things need to be reinterpreted and changed. At least someone has set it rolling. However, I have no clue how Criminal Procedure Act could be Bharatiya Nagarik Suraksha Sanhita.
Sir you are spot with your comment that it takes humungous effort and persistence to take a matter like IPC reforms off ground. While matter has reached the parliament, those who likely to impacted adversely have started raising objections to the very need of such reforms and quite contend with existing laws which can be plied around view absence of contemporary criminal scenarios and investigative means. Tabling of law is only the first step in the right direction towards reforming the archaic IPC but it’s relevance can only be enhanced by erudite parliamentary debates (rather than a mud-slinging drama as we have been witnessing) to make this into an applicable law along with diligent and unbiased implementation on ground. It is the need of the hour and as well meaning citizens we must mobilise collective thought process to ensure passing of law and not let it wither away.
Great one again Sir. “420” indeed will be forgotten.
Very cogent and well articulated. The ghulami bit is interesting. I had assumed the laws were derived from English Common law as prevalent in the UK and other commonwealth countries. Were they modified specifically for the colonies?
Have these laws been benchmarked with other countries like Singapore or UK or USA? Yes, the laws need to be tweaked somewhat to factor the peculiarities of India. Will be interesting to see the debates in parliament
Very quick sir. I gues the gens Y, Z et al will get used to salaa 316 quickly. Actually, I wonder if they ever use it at all🙂. They may have a more contemporary term which I may not be aware of.
There is no doubt that our judiciary needs a major overhaul yesterday and the Police Reforms needed to be implemented 10 years ago.
Very interesting analysis of new law system. Sir. You have nailed it and in very simple language explained the changes for others to understand .
Very good analysis and very well articulated Sir. A very progressive step
which should have happened long ago. But Der aaye, Durust aaye🙂.
With the new laws in place, I feel that augmentation and appointment of Judges and trained younger staff is the key to ensuring a speedy justice system, and if this is not done on a war footing, promise of concluding a Trial within 3 years may remain a distant dream. You have made this point very aptly and I feel this would be the crux.
Trust your funny bone to point us to the 316 bit😁😁😁! Keep writing Sir.
Well said. Judicial reforms along with education and healthcare are the building blocks of a great future
Well jotted thoughts, Sir. Hope the political leadership (ruling or opposition) stands together to bring many such changes.
Your posts always elicit a kind of interest which is difficult to deny. No exception this time too.
I am indeed amazed me the most is the speed with which you sounded your megaphone.
While you are spot on regarding the need for such reforms but I would like to wait for sometime to see the final delivery to be convinced fully. However, in the interim, I am sure we can brace for more such now onwards to our utmost delight.
Very comprehensive write up on this pressing issue. Yes we really need to do away with these archaic laws. Our nation is surely in for some major revamp in times to come.
Sir, while it is a good begining, it will take a long while before people understand its implications. The laws are only applicable to the mango people, the rich and poor are insulated or to say the least unaffected. The need of the hour also remains getting more law enforcers. That is a long way to go……
Very well researched article Sir. We have been carrying the burden of British legacy for very long. All the laws which were formulated with the sole purpose of ensuring sustenance of British rule have been in existence for far too long now. I hope and pray that the Govt is able to bring in much needed judicial reform as well
Arms of the law are indeed becoming long and tuned to modern crimes and times. Need bulldozers also find a mention……?
Amazing sir. Will take some time to get used to the new terminologies. But ‘420’ will surely be missed😊
Most timely scripted. Post retirement we expect more flow from your pen at greater frequencies.