Proposed Criminal Laws to Reduce Pendency in Courts, Bring Drastic Changes: HM Amit Shah
Image Source: Outlook India
Home Minister (HM) and Minister of Cooperation, Amit Shah, described the differences in the three newly proposed criminal laws and emphasized that they are intended to significantly reduce the length of time that cases are left pending in the criminal justice system.
Shah remarked, “The rate of convictions is low; as a result, the prisons are overcrowded with undertrials.” He made the observation that the current criminal rules make it challenging for the poor to obtain justice.
The criminal justice system will be free of any colonial influences, thanks to the three new criminal laws. The new rules have been created to defend the rights of Indian nationals, as opposed to the colonialists who were protected by the previous criminal laws, according to Shah.
On August 11, Shah filed three bills in the parliament as potential replacements for the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act: the “Bharatiya Nyaya Sanhita,” “Bharatiya Nagarik Suraksha Sanhita,” and “Bharatiya Sakshya.” The implementation of these new rules has been lauded by attorneys as the most significant change to criminal law in the previous 76 years.
Shah noted that the rules were created to maintain India’s criminal justice system in line with the larger developments and a forward-looking vision when speaking at the International Lawyers’ Conference’s closing session.
Shah claims that the new laws will alter the way the courts are organized, reducing the amount of time it takes to resolve a case. The home minister joked that if the proposal is adopted, lawyers will face some challenges because they are limited in how many adjournments they may request. But he added that a situation like that would guarantee the involvement of young attorneys.
The HM stated that the colonialists who wrote the existing criminal statutes intended to punish rather than deliver justice. The new proposed criminal legislation, he declared, “are intended to promote justice, not merely punishment.”
Shah asked the attorneys to read the draft criminal laws and offer their recommendations to the government, citing several instances of how the criminal justice ecosystem will experience a significant transformation. “The government believes that no law is complete if it is passed without stakeholder consultation,” he added.
According to the National Judicial Data Grid (NJDG), there are 4.4 crore cases outstanding in district and high courts nationwide, with 3.3 crore of those being criminal cases. The Indian Supreme Court has repeatedly criticized the high courts for failing to resolve criminal cases in a timely way.
Laws to be Modified Even After Implementation
The HM stated that laws are not passed to demonstrate the wisdom of the legislators but rather for the benefit of the populace and noted that laws are certain to alter even after being put into effect. Shah pointed out that laws need to be changed frequently based on their applicability. “The government has endeavored to update the laws as per the need of the hour,” he remarked, referring to the past nine years. Shah used the adoption of the Jan Vishwas bill and the revisions to the arbitration legislation, insolvency and bankruptcy code, and the insolvency and bankruptcy code 206 as examples.
The HM praised the Bar Council of India for holding the International Lawyers Conference at a suitable time, which coincided with the introduction of proposed new criminal legislation and the passage of the women’s reservation bill in parliament.
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