NEW CRIMINAL LAWS: ‘OLD WINE IN NEW BOTTLES’ SAYS RETIRED SC JUDGE JUSTICE CHELAMESWAR

The three new criminal laws, which came into effect on July 1, “are old wine in new bottles”, says Jasti Chelameswar, former Supreme Court judge.

“There is a change in nomenclature. But basically, the replacements are cosmetic. It is no more than window dressing,’’ Justice Chelameswar, who retired in June 2018 as the second most senior Supreme Court judge, told this reporter.

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Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA).

The government on August 11 2023, introduced three new bills in the Lok Sabha to replace the Indian Penal Code (IPC), the Evidence Act of 1872 and the Code of Criminal Procedure 1973, which lie at the heart of the criminal justice system in India.

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The move is aimed at simplifying procedures, making the laws relevant to the contemporary situation, providing speedy justice and taking the law out of its colonial mindset, where handing out punishment, rather than providing justice, was the aim of British rulers.

The point is, will the new laws deliver what they are proclaiming?

Chelameswar says, “I have my great doubts. Even though I am still in the process of reading the law minutely, from what I can see prima facie, some of the changes and additions are superfluous.”

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“Under the changes introduced in the Indian Evidence Act, now known as the BSA, courts are allowed a maximum of two adjournments to avoid unnecessary delays in case hearings. Criminal case judgements must be delivered within 45 days after the trial ends. Charges must be framed within 60 days of the first hearing. How on earth are the courts going to deliver such stringent deadlines? Do we have the wherewithal,” he said.

Chelameswar said everyone is familiar with the efficiency of the system. “The judgement is not only in the hands of the judges. You need highly efficient and well-trained staff to meet deadlines. Do we have them?’’ he asked.

According to him, it is highly doubtful if early disposals, the professed aims of the new laws, will morph into reality anytime soon.

For offences committed before 1 July 2024, the earlier IPC and the procedural Laws of CrPC and Evidence Act will apply, and trials will continue as such. For offences committed from 1 July 2024, the three new laws will come into force.

There are serious concerns that more than 80 percent of the court system in India lacks basic digital infra facilities, which poses a major challenge for implementing the new laws.

In Justice Chelameswar’s view, the bail provisions will become even more stringent and tortuous. "The maximum detention period in police custody is extended from 15 days to 90 days for serious offences - a significant departure from the CrPC's 15-day limit,’’ he said.

This change has increased concerns about potential police excesses.

The former apex court judge also raised questions about the system of public prosecution in the country, a primary requisite for smoothing out the country's judicial system.

"Everyone knows how public prosecutors are appointed. Over a period, a lot of irrelevant and unwarranted considerations have crept into the selection and appointment process of public prosecutors all over the country. If in a case, the charges are not framed in accordance with the mandate of law, the blame must be squarely taken by both the bar and the bench. These maladies have not been addressed,” said Justice Chelameswar.

According to the National Judicial Data Grid, approximately 3.4 crore cases are pending in India’s criminal justice system, already choking the existing infrastructure.

Judges of various courts and the police forces have been provided with mandatory and organised training sessions. However, there have been no such programmed/mandatory sessions for lawyers, who are going to ultimately argue their cases.

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2024-07-03T12:52:45Z dg43tfdfdgfd