Dand se Nyay Tak’: A paradigm shift

MD JAFFER

On July 1st, India witnessed the implementation of three groundbreaking Criminal laws aimed at modernizing its legal framework to address emerging challenges and align with the evolving societal norms. The Bharatiya Nyaya Sanhita which replaced the colonial era IPC, 1860 has introduced 21 new crimes, including Hate Crimes and Mob Lynching while reducing the number of sections from 511 to 358. Besides, the other two new laws, Bharatiya Nagrik Surakhsha Sanhita and Bharatiya Sakhshya Adhiniyam have replaced the Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 respectively.
The IPC provided a comprehensive framework for defining crimes and
their punishments based on societal norms prevalent in the 19th century
which primarily focused on traditional crimes such as theft, murder,
assault and property offences. On the other hand, the new laws expand
the scope to include modern crimes that were not adequately covered by
IPC such as Cybercrimes, crimes against women and children,
environmental and economic offences. One of the most prominent
features is the provision for ‘Zero FIR’, allowing FIR registration at any
Police station regardless of jurisdiction. Online registration of complains,
letting people report crime electronically without visiting the Police station
and introduction of videography of search and seizure is a constructive
solution for bolstering the Rights of victims ensuring they receive fair
treatment throughout the legal process. Other salient features of the new
law include mandatory forensic investigation in cases punishable with 7 years of imprisonment or more and provision for the admissibility of digital
evidence in court proceedings. Section 103 of BNS introduces mob
lynching as a separate category of culpable homicide, for which there was no provision in IPC. Similarly, offence such as ‘hit and run’ cases have been recognized under Section 106 of BNS and the punishment has been enhanced to 10 years. Moreover, ‘community service’ has been introduced as a punishment for certain offences, introducing reformative approach aimed at achieving ‘Nyay’ in the society. The new laws prioritize victim rights with provisions for compensation, protection and participation in legal proceedings. Hence, are better equipped to deliver faster and fairer justice to the people and address the challenges of modern times.