Amit Shah Highlights New Criminal Laws in India Which Focus on Justice Over Punishment

News Mania Desk/ Agnibeena Ghosh/1st July 2024

Union Home Minister Amit Shah, who led the introduction of the new criminal laws in India, highlighted that these laws emphasize delivering justice rather than the punitive focus of the colonial-era legislation.

In a press briefing, Shah expressed, “First of all, I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely ‘Swadeshi’. This will function on Indian ethos. After 75 years, these laws were contemplated upon and when these laws are in effect from today, colonial laws have been scrapped and laws made in the Indian Parliament are being brought into practice.” Shah underscored the importance of this transition, marking a significant departure from the laws imposed during British rule.

He elaborated on the paradigm shift, stating, “Instead of ‘Dand’ (punishment), it is now ‘Nyay’ (justice). Instead of delay, there will be speedy trial and speedy justice. Earlier, only the rights of the police were protected but now, victims’ and complainants’ rights will be protected too.” This change aims to balance the scales of justice, ensuring that the rights of the victims and complainants are as well-protected as those of the police.

The newly introduced criminal laws, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya SakshyaAdhiniyam (BSA), came into effect on Monday, bringing substantial reforms to India’s criminal justice system. These laws are designed to align with contemporary social realities and address modern-day crimes more effectively.

The new legislation replaces the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act. Starting from July, all new First Information Reports (FIRs) will be registered under the BNS. However, cases filed before the implementation of the new laws will continue to be tried under the old laws until their final resolution. This transitional arrangement ensures a smooth shift from the old to the new legal framework without disrupting ongoing cases.

Shah’s announcement marks a significant step towards a more just and efficient legal system in India. The introduction of these new laws underscores the government’s commitment to ensuring that the legal framework is not only rooted in Indian values but also capable of addressing the challenges of the modern world.

The Bharatiya Nyaya Sanhita (BNS) aims to overhaul the existing penal system, focusing more on rehabilitating offenders and delivering swift justice rather than merely punishing them. The Bharatiya Nagarik Suraksha Sanhita (BNSS) seeks to modernize the procedural aspects of criminal law, ensuring faster trials and reducing the backlog of cases. Lastly, the Bharatiya SakshyaAdhiniyam (BSA) is designed to improve the evidentiary processes, making it easier to convict the guilty while safeguarding the rights of the innocent.

By replacing the outdated British-era laws, the new legislation represents a significant move towards a more equitable and efficient justice system in India. This transformation is expected to bring about a more balanced approach to criminal justice, where the focus is on delivering justice promptly and protecting the rights of all parties involved.

In conclusion, the new criminal laws introduced in India signify a major shift towards a justice-oriented legal system. By focusing on speed, fairness, and the protection of victims’ rights, these laws aim to create a more just and effective criminal justice system, reflecting the values and needs of modern Indian society.