India rejigs colonial-era criminal justice system with 3 new laws

India rejigs colonial-era criminal justice system with 3 new laws

The new laws change the way arrests are made, evidence is collected, and suspected criminals are prosecuted in court.

India-Amit-Shah-Wikimedia-Commons
India’s home minister Amit Shah said the new laws will modernise the justice system, facilitate speedier trials, and protect the rights of crime victims. (Wikimedia Commons pic)
NEW DELHI:
India has rejigged its British-era criminal justice system with the introduction of three new laws on Monday.

The new laws change the way arrests are made, evidence is collected, and suspected criminals are prosecuted in court.

Named in the Hindi language, the laws are known as the Bharatiya Nyaya Sanhita, Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.

The first law replaces the Indian Penal Code (IPC), the second does away with the Criminal Procedure Code (CrPC), and the third comes in place of the Indian Evidence Act.

These laws will modernise the justice system, facilitate speedier trials, and protect the rights of crime victims, especially women and children, home minister Amit Shah said.

“I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely indigenous. And it will function on the basis of Indian ethos,” the minister said.

Among major provisions in the legal codes, statements of female rape victims will be recorded by a woman police officer in the presence of her family or relatives, and the crime of mob lynching has been specifically dealt with.

The section on treason has been removed as it was used by the British against Indian freedom fighters and a new section has been added to cover “anti-national” activities.

“It was a crime earlier to make a statement against the government. Now, a law will provide for action against attempts to harm India’s unity and sovereignty,” he said.

There is a greater focus on digital technology and forensic science in implementing the new system, Shah said, adding that “99.9%” of police stations are now computerised.

The government will deploy 12,000 “master trainers” to make 2.25 million police personnel familiar with the new laws, he said.

Thousands of prosecutors as well as prison, judiciary and forensic staff are being taught the revamped provisions.

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