New criminal laws make every stakeholder accountable: Legal fraternity

 Hyderabad: Many legal academics and law enforcement authorities opined that the new three criminal laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, 2023 — which will come into force on July 1 would align better with public expectations and address shortcomings in the existing laws, particularly preventing offenders from evading justice and making stakeholders in the system of criminal justice system more accountable.

The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita (BNSS) the Criminal Procedure Code and the Bharatiya Sakshya Adhiniyam (BSA) which replaces the Evidence Act.

Srikrishna Deva Rao, Vice Chancellor of Nalsar University of Law, said that the new laws were victim-centric, whereas the old colonial laws were the other way round.

He was addressing a ‘Vartalap’ media workshop, which was organized by the Press Information Bureau (PIB) to spread awareness about the proposed criminal laws.

Retired IPS officer E. Damodar said that the new laws would enable enforcement authorities to seize all properties of the accused as well as those of the family members of the offenders and fugitives. He said that under Section 107 of te BNSS, the courts after enquiring about properties obtained by ill-gotten means were mandated to proportionally distribute such proceeds among the victims within a specified timeline.

If the offenders failed to appear for trial, the courts were empowered to conclude the trial of proclaimed offenders in their absence.

N. Rajashekara, director of the Centre for Detective Training Institute, Hyderabad, said that in a reformative procedure, the concept ‘community service’ as a punishment to first-time offenders of petty cases had been introduced in the new laws.

He said that around 30 deadlines have been set up in the new laws to the various stakeholders of the criminal law justice like filing FIR, chargesheet and pronouncement of judgments within 45 days after reserving the orders. He opined that these will enable delivering speedy justice.

Shruti Patil, additional director-general of PIB, said that the new criminal laws are an endeavour to make the criminal justice system more accountable and credible. V. Balakrishna, director of PIB, and officials Krishnakant, Gayathri and Shivacharan Reddy participated.

New laws

Bharatiya Nagarik Suraksha Sanhita (BNSS) has 531 sections. The Crimina Procedure Code that it replaced had 484.

177 sections have been changed in the BNSS, nine new sections added and 14 repealed.

Bharatiya Nyaya Sanhita (BNS) has 358 sections, against 511 in the outgoing Indian Penal Cide.

21 new offences added to BNS, imprisonment increased in 41 offences, penalty increased for 82.

BNS introduces mandatory minimum punishment in 25 crimes, has provisions of community service as a punishment for six crimes.

The Bharatiya Sakshya Adhiniyam (BSA), replacing the Evidence Act, will have 170 sections instead of the earlier 167.

BSA amends 24 sections, has two new sections and six have been repealed.