In a significant development, Chief Justice of India (CJI) DY Chandrachud hailed the recent enactment of new criminal laws, marking a transformative shift in India’s legal framework. Speaking at a conference on India’s Criminal Justice System organized by the Ministry of Law and Justice, the CJI emphasized the crucial improvements aimed at safeguarding victim interests and streamlining the investigation and prosecution of offenses.
India is poised for a substantial overhaul of its criminal justice system with the imminent implementation of three groundbreaking laws. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam are set to replace the age-old Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872, respectively.
Criminal law, as highlighted by the CJI, shapes the moral trajectory of a nation, guided by the timeless harm principle encapsulated in the adage, ‘Your right to swing your arms ends just where the other man’s nose begins.’ Moreover, procedural laws ensure that due process is adhered to, preventing unjust accusations and convictions.
In his address, Justice Chandrachud highlighted the dynamic nature of laws and their implementation, stressing the continual need for positive changes to meet evolving societal needs. He anticipated constructive debates following the implementation of the new laws, aiming to identify and address any loopholes while maintaining a justice-oriented approach that balances the interests of victims and the accused.
The CJI also addressed longstanding issues plaguing the criminal justice system, including delays in witness examination, trial conclusions, prison overcrowding, and the plight of undertrial prisoners.
Highlighting the challenges posed by technological advancements and modern crimes, Chandrachud emphasized the need for the legal system to adapt. The proliferation of digital crime networks has complicated investigations, evidence admission, prosecution, and justice delivery, necessitating agile responses from law enforcement and the judiciary.
Quoting American jurist Justice Oliver Wendell Holmes, the CJI emphasized the importance of laws aligning with societal goals rather than mere tradition.
The new laws, slated to come into effect from July 1, signify a paradigm shift in India’s legal framework. Alongside the CJI, other dignitaries including Minister of State for the Ministry of Law and Justice Arjun Ram Meghwal and Attorney General for India R Venkataramani attended the conference, aimed at elucidating the key aspects of the new criminal laws and fostering meaningful dialogue among stakeholders including judges, advocates, law enforcement agencies, and law students.
The conference serves as a platform to dissect the implications of the new laws and foster collaboration among various stakeholders to ensure a fair and efficient criminal justice system for all.
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