MHA Poised to Implement New Criminal Laws by January 26, Phasing Out Outdated IPC, CrPC, and Evidence Act
New Delhi, 02-01-2024 : The Ministry of Home Affairs (MHA) is on the verge of notifying three groundbreaking criminal justice acts, slated to replace the antiquated colonial laws encompassed in the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. These transformative legal frameworks, namely Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, are set to be officially enacted before January 26, according to authoritative sources.
The process of notifying these three laws commenced immediately after President Droupadi Murmu accorded her assent on December 25. In preparation for their implementation, the MHA is gearing up to initiate a comprehensive training program targeting police officers, investigators, and professionals in the forensic domain. This strategic training initiative aims to equip law enforcement with the necessary knowledge and skills to ensure the effective implementation of the new laws, fostering fair, time-bound, evidence-based investigations and expedited trials.
Sources reveal that a rigorous “trainers-training” program will enlist 3,000 officers from various fields to impart training to their peers in the police force, investigation units, and forensic departments. This ambitious initiative is anticipated to cover approximately 90% of the required training within the next nine months to a year.
Additionally, for judicial training, consultations have already been conducted, and a specialized training program is scheduled at the Bhopal Academy. To fortify the transition to an electronic and digital records system, a model setup will be established in Chandigarh, ensuring a foolproof online mechanism.
The new legislative landscape replaces the IPC with Bharatiya Nyaya Sanhita, the CrPC with Nagarik Suraksha Sanhita, and the Indian Evidence Act with Bharatiya Sakshya Adhiniyam. Enacted during the recently concluded Winter Session of Parliament, these laws are poised to revolutionize criminal justice procedures.
The new laws advocate the electronic generation and supply of records, including Zero FIR, E-FIR, and chargesheets, with victims receiving information in digital format. Upon full implementation, the laws promise justice to victims within three years, with police officers mandated to provide information digitally within 90 days.
A significant focus of the legislation is on forensic evidence, with plans to deploy 900 Forensic Science Laboratory (FSL) vans to all police districts for crime scene investigations, videography, and mandatory collection of forensic evidence in cases warranting seven years or more of punishment.
The Acts also introduce provisions for recording evidence through audio and video electronic means, emphasizing transparency in investigations. Bharatiya Nagarik Suraksha Sanhita particularly underscores the Directorate of Prosecution, defining eligibility, functions, and powers of various authorities under its purview. The legislation introduces a supervisory role for prosecutors during the investigation phase and mandates the establishment of the Directorate of Prosecution at the district level.
In an effort to ensure coordination and efficiency, the duties and responsibilities of prosecuting officers at different levels are clearly delineated. Additionally, criteria for the appointment of the Director of Prosecution and Assistant Director of Prosecution have been revised under Bharatiya Nagarik Suraksha Sanhita, 2023, further strengthening the legal framework for criminal justice in India.
