‘New Criminal Code Will Ensure Timely Justice, Fair Investigation’

Pankaj Mishra, a criminal lawyer at the Lucknow Bench of Allahabad High Court, says the new criminal code which replaces colonial-era IPC is a laudable step. His views

A criminal justice system should not only withstand the changes in time but also address contemporary challenges. The new legal code, named Bharatiya Nyaya Sanhita, in my humble understanding of criminal justice system, will not only ensure timely justice but also prove to be the valediction of the ‘tareekh-pe-tareekh’ courtroom drama.

To begin with, the now obsolete IPC (1860) which had over 500 sections pertaining to various crimes. In the newly-adopted BNS, these sections have been reduced to only 358 provisions, thereby saving time for not only the police (while filing a complaint) but also for the lawyers who used to jumble across various sections pertaining to the crime.

The other thing that is praiseworthy in the new set of laws are the provisions of separate time limits set for the completion of proceedings pertaining to the cases lodged under various sections. This will in effect save time, energy and money for both the client and the legal assistance. In addition, it will make the life of the police and administrative officials simpler. The inclusion of Zero FIR, wherein police can register a case irrespective of the place of the offence, coupled with the time-bound disposal of cases, will certainly strengthen the legal system and restore the faith of citizens in the law of the land.

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Some new inclusions and re-introductions are also noteworthy, such as the decision to reintroduce adultery as a sex-neutral offence keeping in line with the principle of non-discrimination and equality. By embracing contemporary legal practices like time-bound investigations, evidence clarity and enhanced punishments, the reforms aim to safeguard citizens’ rights and fostering a progressive legal system.

The provision of community service as a punitive measure for pretty offences is another laudable move. Look at our prisons: they are overcrowded, predominantly by undertrials. Community services for many petty offences in developed and progressive countries are widely acceptable and practiced as a reformatory measure. If the aim is to reform, public services are a better step to bring an offender to the mainstream. However, the key should be to ensure that it is meaningful, reviewed and monitored.

In fact, the new sections will change the way policing is done, complaints are filed and most importantly, the evidence is collected. This will not only change the way lawyers prepare to fight cases but will also need judicial aspirants to prepare afresh to become judges. Besides, a lot of training sessions and, in a way, small key notes (like guides for examinations for X and XII) should be made available to officials in department like police, administration, judiciary, etc. to make them familiar with the new provisions. That will help them better familiarize with the new set of laws at a pace to ensure that the delivery of justice is put on the faster mode.

As told to Rajat Rai

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