In new criminal codes, a missed opportunity

Today’s era is significantly shaped by Millennials, Zillennials and Gen Z. This shift has marked a profound transformation in cultural consciousness. The youth, propelled by substantial economic growth, the internet revolution, and aspirations for start-ups and unicorns, have been instrumental in reshaping India’s economic landscape. This technological surge has not only transformed lifestyles but has also fueled the telecom revolution and triggered an infrastructure boom. With these changes, the world has become increasingly borderless, necessitating new legal advancements to benefit and protect the people of India.

Enroll now for UPSC Online Course

Impact of the Covid-19 Pandemic

The Covid-19 pandemic has revolutionised and digitalized the judiciary:

• Video Conference Hearings: Enabled remote court proceedings, maintaining judicial functions during lockdowns.
• E-Filings: Facilitated the submission of legal documents electronically, enhancing efficiency.
• AI-Driven Legal Practices: Introduced automation and artificial intelligence in legal processes, improving accuracy and speed.

Previously, the judiciary was hesitant to adopt such reforms. These advancements aimed to enhance efficiency, transparency, and accountability, symbolising a new era of legal empowerment.

Changes in India’s Criminal Justice System and its Impact

• Transition from IPC to New Legal Codes:
  Previously, India was governed by the Indian Penal Code (IPC). However, this has now been replaced by new legal codes: the Bharatiya Nyaya Sahita and the Bharatiya Nyaya Suraksha Sahita. The government has criticised the earlier colonial-era codes as burdensome and outdated.
• Historical Context of Legal Codes
  The original codes were established in the early 19th century, a period marked by significant transformation and upheaval. These codes played a crucial role in shaping the nation’s legal framework by codifying laws that had previously been disparate and varied. A notable achievement of the British administration was the unification of these laws under a coherent system.

The 1st Law Commission of India, led by Jurist Lord Macaulay, undertook the initial work in legal drafting. Macaulay’s approach emphasised “uniformity where you can have it, diversity where you must have it, but in all cases certainty,” a principle that continues to underpin India’s legal system. For instance:

Check Out UPSC Modules From PW Store

• Uniform Punishments: Under the British system, crimes such as murder were standardised across different regions. Previously, different regions like Madras and Travancore had varying punishments for the same crime. The British system unified these laws, ensuring that the same punishment applied throughout the country.
• Personal Laws: The British did not alter Islamic or Hindu personal laws, recognizing the need for diversity in personal matters. However, they provided clarity in procedural aspects, such as divorce, ensuring that the rules were well-defined for different communities be it hindus or muslims.

Thus, this reflects a broader effort to modernise India’s legal system and address contemporary needs, moving beyond colonial-era frameworks to more relevant and effective legal structures.

DOWNLOAD PDF