New criminal laws a way forward to free from British-era system: NALSAR V-C

Hyderabad: Experts from law and law enforcement agencies said the three new criminal laws, ‘Bharatiya Nagarik Suraksha Sanhita-2023, Bharatiya Nyaya Sanhita-2023 and Bharatiya Sakshya Adhiniyam-2023’ passed by the Parliament is making a right beginning in decolonising the archaic laws made in the British Raj era.

Addressing a day-long workshop for senior media professionals on Monday, the speakers underscored that the new criminal laws are a new beginning made for comprehensive reform to part ways from the colonial impact of the criminal justice delivery system.

Prof Srikrishna Deva Rao, vice-chancellor, NALSAR University of Law, Hyderabad, said that the three new Criminal laws are aimed at replacing 150-year-old British-era laws and strengthening the criminal justice system in the country. Prof Rao brought out that the new criminal laws are focused on justice rather than punishment and ensure victim-centric justice. Elaborating further, he said that the previous constraint of registering an FIR only at the jurisdiction-bound police station has been eliminated, enabling victims to file an FIR at any police station in the country. Importance has been given to crimes against women and children and a provision of punishment for mob lynching, and community service as punishment for petty crimes have been introduced. It will go a long way in making the criminal justice system more transparent, he added.

Former IG of police, Andhra Pradesh E Damodar laid emphasis on how the new criminal laws that come into force from July 1, 2025, will aid the country in using modern technology in its criminal justice system and how the complete process, from filing the FIR to pronouncing court judgment could be made online.

“Timelines have been issued not only for investigation but also for the judges as too many adjournments used to delay court trials earlier. But now, the adjournments have been cut down to two, provided they are allowed recording the reasons for the same, in order to reduce the pendency,” explained Damodar during the workshop.

N. Rajashekara, director, CDTI emphasised the changes made in new criminal laws, he pointed towards major changes including more focus on the rights of the victim especially for women and children, use of technology in the judicial system, terrorism, organized crime, concept of minimum punishment, introducing community service as a punishment for petty crime etc,. In the case of punishment for cyber crimes, he said Bharatiya Nyaya Samhitha classifies financial scams and cybercrimes, inter alia, as ‘organised crime’. This is a significant change which will lead to stringent penalties for such cyber-crimes, he added.

Shruti Patil, additional director general, PIB in her inaugural address said the new criminal laws are an endeavour of the government to make the criminal justice system more accessible, accountable, and credible and would enable the criminal justice dispensation to meet the contemporary challenges.