New criminal laws biggest reform in independent India: Amit Shah
Says justice process made simpler, transparent
New Delhi: Union Home Minister Amit Shah on Tuesday termed the enactment of three new criminal laws as the biggest reform in independent India and said they will make the judicial process process not only affordable and accessible but also simpler, time-bound and transparent.
Shah stressed that the Narendra Modi government framed the new laws — Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) — to ensure that all rights of citizens are protected and no criminal goes unpunished.
Addressing an event marking one year of the rolling out of the three criminal laws, the BNS, BNSS and the BSA, Shah said since all processes are online, nothing will be overlooked and justice will be delivered on time.
“These laws are going to transform the criminal justice system in the country significantly. I assure all the citizens of India that it will take a maximum of three years for the full implementation of the new laws. I can also confidently say that anyone can get justice up to the Supreme Court within three years of filing an FIR,” he said.
The BNS, BNSS and the BSA replaced the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872, respectively. The new laws came into effect on July 1, 2024.
The home minister said the three laws are the biggest reform of independent India and asserted that the use of technology will ensure that no criminal can escape punishment after committing a crime.
He said justice will definitely be delivered within a stipulated time.
“The Narendra Modi government, your chosen government, has made the laws for you and it will protect all your rights,” he said.
Shah, who piloted the laws, said the new laws would give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action.
He said the biggest challenge before the country’s judicial system was – ‘when will justice be delivered’, referring to the long pendency of cases.
“It was an era of ‘tareekh pe tareekh’ (repeated adjournments). But after the complete implementation of three new laws, if you file an FIR in any corner of the country, you will get justice up to the Supreme Court within three years,” he said.
The home minister expressed confidence that after the full implementation of the new criminal laws, the conviction rate in the country, which is currently low in comparison to developed nations, will increase.
“I assure you that after the full implementation of the new laws, the conviction rate will be higher than any other country in the world, our judicial system will be the most modern system in the world, the usage of technology will be the highest in India,” he said.
He said that under the new laws, forensic evidence has been made mandatory for all cases where there is a provision of punishment of seven years.
Shah said in the criminal justice system, all three components — police, prosecution and judiciary — are bound by time limits in the new laws to ensure justice for citizens.
“The IPC, the CrPC and the Evidence Act were enacted for the protection of British rule. The new laws have been made for the protection of the citizen’s body, property and constitutional rights,” he said.
The home minister said that in the coming days, the country’s criminal justice system will enter a new era and this will surely succeed in replacing the sentiment of ‘What’s the use of filing an FIR’ with the confidence that ‘If we file an FIR, justice will be delivered promptly’.
He said after the roll-out of the new laws, investigations must be completed within 90 days, timelines have been set for filing the charge sheet, framing charges and delivering judgments.
Shah said there can be no greater reform than making the justice system transparent, people-friendly and time-bound, and this was done through the new laws.
Since July 1, 2024, all fresh FIRs are registered under the BNS. However, cases filed earlier continued to be tried under the old laws till their final disposal.
The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes.
These laws have taken into account the current social realities and modern-day crimes and are going to provide a mechanism to effectively deal with these, keeping in view the ideals enshrined in the Constitution.
