Proposed criminal law overhaul not intended to punish but to ensure justice: Amit Shah

Union Home Minister Amit Shah on Sunday emphasized that the proposed overhaul to India's criminal laws is designed to bring a fresh perspective to the country's legal system by eliminating vestiges of colonial-era remnants that have persisted for nearly 150 years..Shah said that the objective of the three new laws which would revamp the criminal justice system, is not punitive but focused on ensuring justice for all."The old laws were to strengthen the English rule...to ensure they could rule well. They intended to punish, not ensure justice. The new laws don't intend to punish, they intend to ensure justice," he said..Shah made the observation at the valedictory session of International Lawyers' Conference hosted by the Bar Council of India (BCI) over the weekend..During the Indian Parliament's monsoon session, the Central government had introduced three bills to replace the Indian Penal Code (IPC) of 1860, Code of Criminal Procedure (CrPC) of 1973 and the Indian Evidence Act of 1872..The IPC is slated to be replaced by the Bharatiya Nyaya Sanhita, 2023. The CrPC of 1973 is proposed to be replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. The Indian Evidence Act of 1872 is proposed to be replaced by the Bharatiya Sakshya Bill, 2023..Shah in his address also announced three administrative initiatives - the e-courts phase 3, the Inter-operable Criminal Justice System (ICJS) and technology integration in law.He guaranteed the end of pendency in the criminal justice system if the laws and initiatives are combined."For the criminal justice ecosystem, we have taken three administrative initiatives as well - e-courts phase 3, ICJS, new technology acceptance in CrPC, IPC and Evidence Act. If we combine these laws and the initiatives, I guarantee that within a decade, we will end the pendency in the criminal justice system," Shah said..He also explained that one of the key provisions within the proposed criminal laws would be an expanded scope for summary trials in cases where the punishment does not exceed three years. He further underscored that the new laws mandate that the police should produce their challan before the court within seven days of the first hearing, thereby significantly reducing delays in legal proceedings. Further, investigation must conclude within 90 days of filing a chargesheet and judgments reserved have to be pronounced within 30 days, Shah said.Shah added that there was a need for further advancements, including e-prosecution, e-presence, e-forensics and e-courts to further expedite legal proceedings. He emphasized that the reforms were aimed at making the criminal justice system more efficient and citizen-centric..In a call to action directed towards the legal fraternity, Shah also urged all lawyers across the country to review these laws and provide valuable suggestions. He stressed that their insights into the day-to-day challenges of the legal system were essential for fine-tuning and implementing these reforms effectively. Interestingly, while addressing the Lok Sabha in August, Shah had stated that the process of drafting the three laws involved consultations with 18 States, 7 Union Territories, judges from the Supreme Court and High Courts, 22 law universities, 142 Members of Parliament, 270 Members of the Legislative Assembly, and numerous members of the public. This effort took around four years and encompassed a total of 158 meetings, Shah had informed..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.