In this detailed legal analysis with Dinamalar, Advocate Priyadharshni Rahul discusses the historic overhaul of India’s criminal justice system. Starting July 1, 2024, the colonial-era laws—the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act—will be replaced by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).
Priyadharshni describes these changes as "ambitious reforms" aimed at decolonizing the Indian legal framework. She highlights several progressive features, such as the introduction of the death penalty or life imprisonment for the rape of minors and the formal definition of "Terrorism" within the general penal code for the first time. Another significant shift is the "Trial in Absentia," where the trial can proceed even if an accused person absconds from the country for more than 90 days, preventing fugitives from stalling justice.
Addressing concerns about police power, she acknowledges the debate over increased custody durations (potentially up to 90 days). However, she balances this by noting the mandatory requirement for videographing crime scenes and the compulsory involvement of forensic experts for serious offences. These measures are intended to increase transparency and reduce the likelihood of custodial malpractice.
Furthermore, she applauds the focus on "Speedy Justice," with new mandates requiring judges to deliver verdicts within 30 days of reserving a judgment. While she cautions that our judicial and forensic infrastructure needs significant scaling to match these laws, she views the transition as a necessary step toward a more modern and victim-centric legal system. She concludes by urging citizens to look past the political debates and understand how these laws offer better protection for women, children, and the integrity of the nation.
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