“Change is the law of life, and those who look only to the past or present are certain to miss the future.” – John F. Kennedy
The Union Government in the ongoing Parliament Session introduced three bills namely Bhartiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Bill, 2023 respectively, these bills are aimed to replace the existing Criminal Laws i.e. IPC, CRPC & Evidence Act. The bills have been referred to the Parliamentary Standing Committee which drew their authorities from Articles 105 & 118 of the Indian Constitution. The bills would bring substantial changes in the existing statutes. It is further significant to highlight that these bills would become Acts after due process that includes debate in the parliament and President’s assent. One may wonder why and what was the need to bring such changes and what would be implications of these changes in the Criminal Justice System.
The introduction of these bills isn’t spontaneous and impulsive, these developments started in March 2019 when the Union Government constituted A Criminal Law Reforms Committee with an aim to Identify changes and analyze the existing Criminal Laws and make them more effective for the citizens. This committee is headed by the Renowned Law Scholar Professor Dr. Randbir Singh Ex VC of NLU D, Dr. G.S. Bajpai VC of RGNUL, Dr. Balraj Chauhan VC of DNLU Senior advocate Mahesh Jethmalani being the other members of this prominent committee. The report was submitted to the Government in February 2022, and further public suggestions were invited. The Union Home Minister announced last year that Government would bring the reforms soon. The Home Minister in the parliament highlighted that the experience of seven decades of Indian Democracy calls for this comprehensive review of our Criminal Laws, including the Criminal Procedure Code, with our Indian Perspective while shackling the old British supremacy chain. The speech further highlighted that the Crown prioritizes the offense against State I.e. Sedition and other crimes against the State over crucial offenses against women and bodies. These drafts have been consulted with various Supreme Court and High Court Judges, Judicial Academies with official 158 sittings in approx. these changes have been introduced after such in-depth research by the concerned Stakeholders hence it is imperative to assume that they would be able to cope with the Current scenario dealing with Backlogs and limitations,
The major challenge in any Criminal Justice Administration System is the dispensation of justice in a reasonable time, delay in justice is often considered as justice denied to the victims. The existing laws also resulted in low conviction rates for the accused due to technological limitations involving criminal investigation, as the Traditional methods of Evidence Collection are employed by the investigating officers. It is worth mentioning here that according to a new bill introduced in the parliament, the forensic team shall be bound to visit the place of offense for every offense that has a punishment of 7 years or more imprisonment. Any charge sheet without the forensic report shall not be admissible in any investigation, further according to the new bill proper time frame for the investigation has been proposed which would ultimately result in a speedy trial.
The major features of the Newly proposed Penal code include a more exhaustive categorization of offenses like an offense against the body, offenses against the body has been defined, and earlier offenses against the State were given priority in the existing act. The most controversial Sedition law has been repealed, though there are provisions to deal with any act or conduct compromising the sovereignty and integrity of the country. The amount of fines has been increased which used to be very inconsequential in the previous act.
The digitalization of charge sheet and other investigation tools have been proposed in the new bill which would make criminal procedure transparent. The Zero FIR would be given a place in the statute with a strict time frame to forward it to the Concerned Police Stations. The emphasis has been given to speedy trials and higher conviction rates.
The said Initiatives taken by the Government is a welcoming but when criminal law undergoes significant changes, both law students and practicing lawyers would face a host of challenges.
The Major Challenges are can be summarized as follows;
• Firstly, law students would need to adapt to new curricula and legal frameworks, requiring them to relearn established principles and develop a deep understanding of the revised statutes. This adjustment might also demand updated study materials and teaching methodologies to effectively convey the altered legal landscape.
• For practicing lawyers, the challenges would be multifaceted. Adapting to new statutes, precedents, and legal interpretations would necessitate a rigorous process of unlearning and relearning, demanding significant time and effort. Lawyers would need to closely monitor legislative updates and case law developments to ensure their advice to clients remains accurate and up-to-date.
• Additionally, changes in criminal law could lead to increased case volumes and complexity. Lawyers would face the challenge of understanding intricate legal nuances while handling a potentially overwhelming caseload. Specialization could become more critical as criminal law diversifies, demanding lawyers cultivate expertise in specific subfields.
• Communication challenges could also emerge. Lawyers would need to effectively educate clients about the revised laws, their implications, and potential strategies. This could require improved communication skills and a heightened ability to translate legal jargon into accessible language.
• Collaboration among legal professionals might become more intricate as well. Lawyers would need to work closely with investigators, experts, and other stakeholders to navigate the evolving legal landscape effectively. This could necessitate interdisciplinary skills and an openness to learning from various fields. Ethical dilemmas might arise, particularly if the new criminal law presents moral ambiguities or conflicts with lawyers’ personal beliefs. Lawyers would need to navigate these challenges while upholding their professional responsibilities and obligations.
At the same time, new legislation with come up with numerous opportunities for the young generation of lawyers, in the present scenario Specialization becomes a key avenue for lawyers to delve into newly emerged legal niches, establishing themselves as experts in specific aspects of the revised law. This not only enhances their marketability but also addresses the specialized needs of clients seeking guidance in the evolving legal landscape.
Technology-driven innovation gains prominence as lawyers can harness digital tools to streamline legal processes, develop novel solutions, and offer efficient client services. Creating educational resources, such as online courses and guides, enables law students and lawyers to share their insights, positioning them as thought leaders and contributing to legal education.
After dwelling on the prospective challenges and opportunities embedded with these new bills it is imperative to highlight these initiatives are a welcoming step by Legislature and as society evolves with the passage of time, Laws can’t be static, they have to strike a balance between the changing needs of the society and justice administration. The bills may have some changes as they have been sent to the standing committee, after the due diligence it is highly probable they would get the assent of the President after the due process in the next session.
(The writer is a 5th year BBA LLB Hons student at HPNLU, Shimla.)