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Writer's pictureMGMMTeam

Shaping the Future: India's Pioneering Criminal Justice Overhaul

Introduction

In a historic move, the Central Government of India, led by Prime Minister Narendra Modi, has unveiled transformative reforms targeting the country's criminal justice system. The recently concluded All India Conference of Directors General/Inspectors General of Police which was held from 6-7th January in Jaipur served as the platform for these groundbreaking announcements. 



Conference Highlights

PM Narendra Modi underscored the revolutionary nature of the new criminal laws, hailing them as a paradigm shift in the approach to justice. Emphasizing the importance of bolstering the positive image of the police among citizens, Modi advocated for a citizen-centric, dignified, and just policing system.


A pivotal aspect highlighted by PM Modi was the imperative need for police to transition from traditional methods to data-driven approaches, symbolizing a shift from 'batons' to 'data.' This reflects a broader recognition of the role of technology in modern policing.


Modi encouraged police chiefs to leverage social media at the grassroots level for disseminating positive information and issuing advance warnings about natural disasters. Additionally, he proposed organizing sports events to foster a stronger connection between the police force and the community, stressing the importance of government officials residing in border villages.


Union Home Minister Amit Shah, inaugurating the conference, applauded two crucial decisions of the Central Government – the National Education Policy and the overhaul of colonial-era laws. Shri Shah asserted that the new laws prioritize justice over punishment, contributing to the modernization and scientific evolution of the criminal justice system.


The Need for Modern Technology

Amit Shah emphasized the critical importance of equipping police officers, from Station House Officers to Directors General of Police, with modern technology. The successful implementation of new laws necessitates a comprehensive training program and the integration of technology from police stations to headquarters.


Shah paid homage to security forces personnel who sacrificed their lives for the nation and recognized outstanding achievements, such as the Shergarhi police station in Jammu and Kashmir, honored for exemplary performance in 2023.


Key Issues Discussed in the Conference

The conference addressed critical issues such as the implementation of new criminal laws, activities of pro-Khalistani groups, Naxalite violence, and the security scenario in Jammu and Kashmir. Various officials presented on specific topics, including counter-terrorism, online fraud, cross-border terrorism in Jammu and Kashmir, activities of pro-Khalistani groups, and left-wing extremism.


Overview of New Police Reforms

On August 11, 2023, the Central Government introduced three landmark bills in Parliament aimed at reforming the criminal justice system. The Bharatiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam legislation were subsequently passed by Parliament.


Bharatiya Nyaya (Second) Sanhita Bill, 2023

- Preserves most IPC crimes and introduces community service as a form of punishment.

- Defines terrorism and imposes penalties for acts endangering the country's unity, integrity, security, or economic security.

- Imposes severe penalties for mob-related murders based on identity, such as caste, language, or personal belief.

- Requires audio and video documentation of a sexual assault victim's statement.

- Introduces 'community service' as an alternative to incarceration for various minor offenses.

- Establishes provisions for Zero FIR registration, ensuring swift transmission within 24 hours.


Bharatiya Nagarik Suraksha (Second) Sanhita, 2023

- Proposes the repeal of the Criminal Procedure Code (CrPC) of 1973.

- Mandates forensic examination for offenses with a minimum penalty of seven years.

- Sets a 90-day timeline for completing inquiries after filing a charge sheet.

- Requires the Medical Examiner to send a victim's medical examination report to the investigating officer within 7 days.

- Allows the acquisition of fingerprints, voice samples, and specimen signatures or handwriting for investigations.


Bharatiya Sakshya (Second) Bill, 2023

- Intended to replace the Indian Evidence Act of 1872.

- Retains most provisions of the IEA, recognizing electronic records as documents.

- Allows electronic hearings, investigations, and trials.

- Authorizes the production of electronic communication devices as evidence.


Conclusion

The conclusive police conference and the introduction of transformative legislation underscore the Indian government's commitment to modernizing the criminal justice system. The emphasis on citizen-centric policing, the use of data and technology, and the repeal of archaic laws herald a new era in India's approach to law enforcement. These reforms signal a proactive stance toward ensuring justice, dignity, and security for all citizens.


This comprehensive overhaul represents a critical step towards creating a more just, efficient, and technologically advanced criminal justice system in India, setting an example for other nations to follow. The simultaneous integration of modern technology and legislative reforms positions India at the forefront of innovative approaches to law enforcement and justice delivery.

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