In this comprehensive interview with Dinamalar, Advocate Priyadharshni Rahul provides a masterclass on India's transition to a new criminal justice framework. From July 1, 2024, the colonial laws—IPC, 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).
Advocate Priyadharshni Rahul highlights several landmark changes designed to modernize the legal process. One of the most significant reforms is the mandatory death penalty or life imprisonment for the rape of minors, a move she describes as a necessary deterrent against heinous crimes. She also clarifies the inclusion of a formal definition for "Terrorism" within the general penal code, which was previously only covered under special acts like UAPA.
Addressing the "Trial in Absentia," Advocate Priyadharshni Rahul explains that if an accused person absconds from India for over 90 days, the trial can now proceed without them. This ensures that fugitives cannot stall the justice system indefinitely. On the administrative side, she notes the mandate for videographing crime scenes and the compulsory involvement of forensic experts in serious cases. While she acknowledges the current shortage of forensic personnel, she views this as an opportunity for system-wide reform and professional growth.
Despite the ambitious nature of these laws, Advocate Priyadharshni Rahul emphasizes that the success of these reforms depends on simultaneous judicial, police, and prison reforms. She encourages citizens and legal professionals to embrace these changes, as they move toward a more "victim-centric" and efficient justice system.
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