COMPARISON BETWEEN NEW AND OLD CRMINAL LAWS

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4 months ago

Author: AKANKSHA SAHU, A STUDENT AT PIMR

ABSTRACT

Criminal laws mould the moral arc of the nation and no other law affects the society as criminal law does. Right from commission of offence till the judgement is pronounced, the criminal laws are at their respective places to on work. As India is changing and needs to deal with plethora of issues mounding up, the parliament of India has done a very good job in framing the new criminal laws- The Bhartiya Nyaya Sanhita, The Bhartiya Nagarik Suraksha Sanhita, The Bhartiya Sakshya Adhiniyam in 2023 replacing the colonial era criminal laws.

These laws reinforce the decolonization motive of our country. The new criminal legislations are the set of laws made by Indians for the Indians.

This article would dwell upon the difference between new and old criminal laws as well as the impact of new laws on justice system. The old laws were the relic or legacies of the colonization so to discard it and re-affirm the motive of India towards becoming a VIKSIT BHARAT by 2047 requires phenomenal and monumental changes where one such was the introduction of the new criminal laws in our country.

INTRODUCTION

Law is a social mechanism which delas with contemporary situations. Law is the response to the contextual realities of the society. So as and when society changes, laws need to be changed. That’s why the need was felt to change the criminal legislations. On 1st July 2024 the three new criminal laws have been enforced replacing the old criminal laws- Indian penal code of 1860, criminal procedure code of 1973, and Indian evidence act of 1872. The major difference between old and new criminal laws is as follows:

Inclusion of certain offences which were earlier in the domain of specific legislations like Unlawful activities prevention act,1967. But presently the Bhartiya Nyaya Sanhita covers offences like terrorism, organized crime etc. under section 111.
The fundamental presumption of the Indian justice system is Accused is innocent until proven guilty. But prosecution has to prove that accused has committed offence beyond reasonable doubt and many times it happens that accused is acquitted by benefit of doubt but Bhartiya Nyaya Sanhita reversed this for some certain offences whereby now the accused has now to prove himself innocent. Departure from earlier provision, burden shifted on accused now.
Ensuring Victim centric approach, now the legislations are tilted in favor of victim .Earlier as pointed out by Malimath committee as well that earlier laws favor accused more than the victim. As now time bound trials has been incorporated so that trial need to be done on time. As justice delayed is justice denied.
Police custody time period was earlier under Criminal procedure code,1973 under it’s section167(2) was maximum 15 days to provide protection to the accused against forced confession , etc. but now it is 90 days. It’s a watershed development but needs more interpretation by the respective courts of law.
Earlier Harm and immoral approach was followed and crime against anyone was seen as an individual feeling ,not caused by systematic causes which push people to commit crime. For eg. for patriarchal crimes only punishment is given and no societal change is thought into. But the new laws dwells upon socialization about the bad and good habits and going deeper into to the root cause of the crime and removing the cause so that same is not repeated.
Technological interventions introduced in new criminal laws like Audio -visual recording of search and seizure, a network of collaboration unit between different departments, digitalization of FIR, etc.
Presence of forensic experts at the investigated site for more accurate evidence.
E-court system has been taken into account and 7000 crore budget has also been allocated for the Indian judiciary as this is the digital age where from filing of case till its disposal should be streamlined digitally for ease of all the stakeholders.
And while digitalizing the court system , the privacy of the individual is at utmost importance, so proper infrastructure development is the need of the hour . As held in famous judgement of K. Puttaswamy, it’s a fundamental right under article 21 of Indian Constitution.
As Data leak issues and stigma attached to victim and threat perception to witnesses need to be properly cared for and the new criminal laws provide for the solutions to the above said issues.
The new criminal laws have set timelines as judgments within 45 days of being reserved should be delivered and within 3 years the criminal trial should be done which provides a breathe of air to resolve case pendency.
Citizen centric approach has been adopted in new laws as informing the victim about progress of the case , copy of FIR, Default bail if the person has completed 1/3 term of punishment under which he is accused etc. are to br done mandatorily.
Introduction of community service as a form of punishment in certain offences to instill fear among the criminals as well to be connected with the society.
And Summary trials for petty offences has been made mandatory which instills the confidence among the public.

CONCLUSION

The new formed criminal legislations are the need of the hour for the society as a whole and cater to the change a country wants to develop. These new laws would require time to be enforced properly as said by the authorities. And proper training ,infrastructure is being developed to make these laws into practice. Though every law has lacunae, the new laws will have for sure as society changes and the law when implemented would require interpretation, amendments as well. As being static at present is worst, the country needs to adhere and adapt to the change.

We need to learn from the past mistakes and implement the learning for the betterment of the society.

CASE LAWS

Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors.(2017)- The court in this judgment held that the right to privacy is a fundamental right under section 21 of the Indian constitution.

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