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The primary purpose of any law is to protect the lives, liberties, properties, and rights of citizens, thereby reinforcing the concept of justice in a civilized society. Laws evolve according to the broad experiences and needs of society.
In this context, it is hoped that the changes brought about by the Indian Justice Code, Indian Civil Protection Code, and Indian Evidence Code, which came into effect nationwide on July 1, will meet the standards of justice. It is noteworthy that the bills related to these changes were approved by Parliament last year.
There has often been public debate about whether laws made by the British to consolidate colonial power should continue to apply in an independent India seven decades later. In this regard, comments and guidance from the Supreme Court have also emerged from time to time. Laws made for a country with cultural, religious, and geographical diversity should be implemented only after extensive public discussion.
Questions have been raised about the duration of parliamentary discussions and the absence of a significant opposition faction during the legislative process. Legal experts insist that it is necessary for comprehensive discussions to take place on laws that alter the country’s justice system. Consequently, some non-BJP-ruled states have also voiced protests.
According to Central government officials, State governments are free to make their own amendments to the Indian Civil Protection Code. However, the fact remains that the Indian Justice Code, Indian Civil Protection Code, and Indian Evidence Code have replaced the Indian Penal Code of 1860, the Criminal Procedure Code of 1973, and the Indian Evidence Act of 1872.
The Indian Civil Code 2023, Indian Civil Protection Code 2023, and Indian Evidence Act 2023 are the three new criminal laws that came into force on July 1, 2024. India’s Chief Justice, DY Chandrachud, has praised the new laws aimed at digitizing criminal procedures, describing them as a significant step towards the modernization of the Indian justice system.
However, some legal fraternity members have expressed concerns over certain provisions of these laws, highlighting their ambiguity, uncertainty, and raising serious concerns about their constitutionality.
Opposition political parties, including Mamata Banerjee, are demanding a suspension of the new laws until the newly elected members of Parliament can review and recommend them.
Their argument is that these laws were hurriedly approved in Parliament without meaningful debate, as most opposition members were suspended. Implementing the new laws will not be easy as it involves creating various types of infrastructure, providing training, determining rules and procedures, updating standard forms, and resolving operational issues.
Additionally, one reassuring factor for the timely implementation of these laws is an experienced and time-tested criminal justice system capable of adapting to any changes and finding practical solutions to any limited issues that arise.
It is crucial for all branches of the judiciary to recognize the necessary tools within their respective domains, including formulating implementation-related rules and protocols, and the large-scale recruitment and training of technical, legal, and other support staff and officers, which cannot be further delayed.
The coordination software for crime and criminal tracking networks and judicial system institutions is not yet fully upgraded and modernized. It is essential to understand that states alone cannot complete this task. States will need necessary technical software and guidance from central government institutions.
Without the cooperation of the central government, state governments cannot proceed with the implementation of the new laws. At every stage, states will need the assistance of the central government.
The commitment and promptness of the central government are also crucial in implementing the new criminal laws, so central agencies should work shoulder to shoulder with state governments to ensure timely and smooth implementation.
Notably, the Indian Justice Code includes provisions such as ten years imprisonment for cheating under the guise of marriage, life imprisonment and three years imprisonment for mob lynching under any circumstances, and measures to control terrorism.
Any crime must be registered as an FIR within three days, and a verdict must be given within 45 days of the hearing. FIRs will be registered through the Crime and Criminal Tracking Network System. Arrangements have been made so that people can file FIRs online without visiting a police station, and FIRs can be filed at any police station.
However, legal experts have expressed concerns about extending police custody. Although the sedition law has been removed as per the Supreme Court’s decision, infringements on national unity, integrity, and sovereignty have been categorized as new crimes. There is a provision for three years of imprisonment for organized crimes. Additionally, efforts have been made to investigate crimes using modern technology, which will increase the use of information technology in criminal control.
Under the new law, a convict sentenced to death will have to file a mercy petition in person. On the other hand, some legal experts believe that implementing the new criminal law will create several judicial issues. They have highlighted the need for serious discussion on the new provisions. Some are also speaking about the encroachment on freedom of expression.
Questions have been raised about the potential for inconsistencies in the judicial process for crimes committed before the implementation of these laws.
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