Modi govt, criminal laws and new India

The Modi government is dynamically adapting to the ongoing changes in the nation’s landscape, demonstrating a commitment to a vibrant democratic polity. The principle of ‘minimum government, maximum governance’ is not just a slogan but a living reality, responding effectively and systematically to the needs of the common citizens of India. In a remarkable milestone, the President of India has given her ascent to the three Criminal Laws amendment bills, ushering in a new generation of justice delivery by addressing the ever-evolving needs of the vigorous Indian society. These laws — The Bharatiya Nagarik Suraksha Sanhita, 2023, The Bharatiya Nyaya Sanhita, 2023 and The Bharatiya Sakshya Adhiniyam, 2023 — have received unanimous approval from both Houses and soon these groundbreaking laws will come into effect. Decolonisation drive: Prime Minister Narendra Modi’s clarion call for decolonisation finds resonance in the introduction of these bills in the very first place, which seeks to replace the archaic British-era laws. The move is not merely symbolic; it represents a concerted effort to free the judicial system from the lingering colonial hangover, aligning it with the changing dynamics of contemporary India. Need for reform: As society evolves, so must its legal framework. The new crime laws respond to the new changes, technological advancements and emerging challenges, such as the rise of cybercrimes. The Modi government recognizes the imperative to adapt and ensures that the judicial system is equipped to handle novel offences, effectively addressing the evolving landscape of criminal activities. Notable provisions: The new laws aim to streamline the legal landscape for more potent and productive prosecution. Noteworthy provisions include a separate section for mob lynching, stringent measures against terrorist activities and the imposition of the death penalty for rape of minors. The definition of gender now includes transgender individuals, marking a progressive step forward. A new chapter on ‘inchoate offences’ like attempt, abetment and conspiracy and offences against women and children are introduced. The law also includes deemed sanction to prosecute public servants under specific circumstances, expediting the legal process. With a focus on expeditious trials, the law mandates that courts must frame charges within 60 days of receiving a charge sheet, with judgments delivered within 30 days after the conclusion of hearings. The addition of community service as a punishment for small theft is also one of its kind. Connecting justice with technology: For the first time, replacing the Evidence Act of 1872, this bill modernises the admissibility of evidence by recognising electronic or digital records on par with paper documents. The electronic FIR is introduced and the whole process from filing an FIR to getting the justice is to be made available online. The government is consistently dedicated to the useful synchronization of technology for smooth-running the judicial process for the stakeholders. The New(s) Addition: The new laws aim to close existing loopholes and introduce new offences, such as snatching, organised crime, terrorist acts, hit and run, mob lynching, fake news propaganda, and hiring child to commit offence etc. First-time undertrial is provided early release on bail and first time offenders to be given relaxed punishments. It is the first time that the definition of a child is introduced and terrorism is defined as a punishable offence. The legislation increases punishments for certain offences and makes the judicial process more streamlined and efficient focusing on the need of the changing criminal and terror activities dynamics. Women and children safety prioritized: A significant aspect of these laws is the focus on women’s and children’s safety. The Modi government stands uncompromisingly when it comes to crimes against women, children and minors. Provisions such as the death penalty for raping a minor, 20 years in jail or life term for gang rape cases, and a minimum 10-year imprisonment for crimes against children underscore the government’s commitment to safeguarding the rights of women. Noteworthy is the criminalization of ‘Love Jihad’, recognising it legally and preventing suppression of one’s original identity for the promise of marriage. Timely justice matters: For the first time in the history of the Indian judicial system, the new laws establish strict timelines for the entire judicial process, from investigation to the pronouncement of the judgments. This includes time-bound investigations, submission of charge sheets, and the mandatory delivery of judgments within a specified timeframe. Such provisions aim to eliminate inconvenient delays caused by unnecessary adjournments and ensure a more accountable and transparent legal system. Upholding national interest: The law also addresses acts endangering the sovereignty, unity, and integrity of India, replacing the archaic offence of sedition. This move prevents individuals from exploiting legal ambiguities to evade charges related to sedition, ensuring a more robust legal framework. The Modi government’s bold move challenges the colonial mindset thriving on validation from the west and its followers in India. By ending dependence on external validation, the Modi government asserts the independence of thought and action. Prime Minister Modi’s leadership has once again showcased the courage to address long-standing issues brilliantly ensuring justice is time-bound, transparent, efficient, and effective for the common people of India. The passage of these laws marks a transformative moment for India’s justice system. These measures have the huge potential to address systemic issues, reduce prolonged litigations, and eliminate denial of access to justice. By prioritising safety, introducing time-bound processes, and streamlining judicial procedures, the Modi government has taken a giant leap toward a more equitable and accountable criminal justice system in India! The author is a policy researcher, political and social activist, and aspiring author. He addresses contemporary issues spanning people, policy, and politics with profound insight and clarity. 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