The government has adopted a three-pronged approach while framing the new criminal laws to ensure speedy delivery of justice, Union Home Minister Amit Shah has said, adding that delays in the criminal justice system will soon become a thing of the past.
In an exclusive interview with THE WEEK, Shah noted that timelines have been added in 35 sections of the new laws at various stages of police investigation, prosecution and judiciary.
“Timelines have been set for investigation, arrest, chargesheet, proceedings before magistrate, plea bargaining, appointment of assistant prosecutor, trial, bail, judgement, punishment and mercy petition,” he said.
The home minister pointed out that in cases related to sexual assault, it has been made mandatory to submit the medical examination report within seven days. “Similarly, in all criminal cases, within 45 days after the hearing is complete, judgement has to be delivered.”
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The three laws—the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act—will replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872. President Draupadi Murmu gave her assent to the bills on December 25, after they were cleared by Parliament.
“I am confident that once the new laws are completely implemented, any citizen who lodges an FIR will be able to get justice within three years. Delays in the criminal justice system will become a thing of the past,” Shah said.
Elaborating on the measures taken to strengthen the justice delivery system, the home minister said the use of technology and forensics has been given thrust in the new laws to ensure transparency and accountability and to improve the quality of evidence during police investigations.
Under the Bharatiya Nagarik Suraksha Sanhita, Shah said, a complaint received through electronic communication will be taken on record as an FIR within three days. Also, there will be an audio or video recording of the evidence, which will be produced before the magistrate immediately.
“From FIR to case diary, chargesheet and judgement, the entire process is digitised. Forensic evidence collection at the crime scene has been made mandatory in offences attracting a jail term of seven years or more,” he said, adding that it will ensure the prosecution has scientific evidence, which in turn will speed up the entire process.
The home minister asserted that the three new laws were framed with the spirit of “citizen first, dignity first, and justice first” and that they would bring an end to the "slave mentality" brought by the British Raj.
The priority of the British Raj, Shah alleged, was to punish citizens to protect the crown. “But that isn’t the case today. We have called it Nyay Sanhita, or justice-centric, and the laws are based on the spirit of the Constitution, focusing on citizens’ right to access justice, equality before law, and justice for all,” he said.
“Under the new laws, offences against women and children, criminal assault, slavery and forced labour are prioritised above offences against the state. All this reflects the citizen-centric approach where justice is the fulcrum,” the home minister claimed.
