A prompt and efficient judicial system is an indispensable prerequisite for good governance and the three new penal laws that came into force in India on July 1 are in line with this principle, said Arjun Ram Meghwal, Union Minister for Law and Justice, here on Saturday (August 17, 2024).

Since it is a fundamental right of every citizen, speedy dispensation of justice and the consequent ease of life is the need of the hour, he said after inaugurating a conference organised for the Legal Adviser to the Union Government on the theme “Managing Change: The Evolution of Criminal Justice in India”.

After appropriate consultation

Arguing that British-era laws like the Indian Penal Code (IPC) were aimed at punishing Indians who participated in the freedom struggle, Mr Meghwal sought to dispel criticism of the need for the new laws and dismissed allegations that they were implemented without proper consultations. “The central government has been in consultation with the states, chief justices, the 22 law colleges, MPs, MLAs, IPS officers and the state and central armed forces since 2019. This was in addition to 58 formal and over 100 informal review meetings convened by Union Home Minister Amit Shah. Moreover, the changes in the penal laws were made in line with the reforms that the Law Commission of India had recommended many decades ago, but on which no action was taken. The Union Law Ministry too was involved in the process.”

Talking about technological innovations in the justice system, he said that e-jail, e-forensics and e-court platforms have been set up along with a Crime and Criminal Investigation Network System (CCTNS). Steps have also been taken to prevent unjustified detention and a person whose detention is not necessary can now be released within minutes. In addition, Rs 2,250 crore has been invested to set up National Forensic Science Universities in various states. These will ultimately improve the quality of the criminal justice system.

Among the many reforms in the new penal code, according to Meghwal, are the time limits set for various cases, the community service sentence long ago proposed by the Law Commission, and the strict punishment for lynching and organised crime.

In his keynote address, Justice N. Nagaresh of the Kerala High Court expressed hope that the criminal law reforms would help effectively address challenges such as terrorism and organised crime. Incorporation of digital procedures, acceptance of electronic evidence and enabling witnesses to testify remotely would help further streamline the process of administration of justice, he added.

Other speakers included Justice S. Manu of the Kerala High Court and AR. L. Sundaresan, Deputy Attorney General of India.

The three new laws – the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) – replaced the colonial-era IPC, the Code of Criminal Procedure and the Indian Evidence Act and placed greater emphasis on justice rather than punishment.