Omkar Dattatray
Modi government on Monday first July 2024 implemented new and reformed criminal laws as these came into effect across the country .It resulted in breaking the centuries old shackles of colonial legacy and freed the legal system from the British era criminal laws .The real freedom is now possible and will be experienced by the people as the mindset of British slavery has come to end after about 70 years of the self rule and independence and the freedom of India from the British yoke has in fact no real meaning without scrapping the colonial laws which were the signs and symbols of British slavery and Modi created history by scrapping the colonial era criminal laws and replacing the three criminal laws of British era with the Indian and indigenous laws which are in accordance with Indian needs ,requirements and circumstances .It is in fact a historical day in Indian Criminal Justice System as new Criminal laws came into effect throughout the country including UT of Jammu and Kashmir on Monday and it is no less than scripting new history .The commencement of three new laws namely Bharatiya Nayaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam breaks the centuries old shackles of colonial legacy and thus it is very historical and reformative step which led to the replacement of the British era and colonial criminal laws with Indian and indigenous laws most suitable to Indian conditions and requirements . This is the historical and momentous occasion that the new criminal laws came into force in the country after scrapping the colonial criminal laws which were in force .
J&K LG Manoj Sinha has rightly commented that the new laws will ensure justice and equality for all ,moving away from repressive colonial framework and this is an extra ordinary feat achieved by Modi government .This led to reformation and total overhaul of the criminal legal system which are rooted in the principle of liberty and fraternity and are proof of our commitment to safeguard the vulnerable and ensure justice to all. .Home Minister Amit Shah has said the new criminal laws will ensure justice top people within three years of registering FIR and it is hoped that the crime will be reduced. Justice under the new laws will be delivered up to the level of the Supreme Court in all the cases within the three years of registration of FIR. There will definitely be reduction in the crime rate in the country as 90 percent reduction in crimes is expected under the new criminal laws .The new three laws replaced the British era ,Indian Penal Code ,Code of Criminal Procedure & and the Indian Evidence Act .Now with these three criminal laws India will have most modern criminal justice system in the world which will rid the society from crimes to some extent .
The Bharatiya Nayaya Sanhita replaced the Indian Penal Code of 1860,focusing on restorative justice and victim rights .This new law shifts the focus from sheer punishment to rehabilitation and reintegration .It aims to address the root causes of the crime and offer offenders a chance to reform and contribute positively to society .This is thus a very reformative law which will reform the legal system and is most needed in the country. The Bharatiya Nagrik Suraksha Sanhita replaces the Criminal Procedure Code of 1973,ensuring swift and fair trails .
This law will reduced delays in the delivery of justice ensuring that justice is not only done but seen to be done .The Bharatiya Sakshya Adhiniyam replaces the Indian Evidence Act of 1872,modernizing evidence collection and use .With the introduction of new criminal laws the criminal cases will be decided in time bound manner thus avoiding unnecessary delays .The commencement of the new laws is a new chapter in the country’s criminal legal system .The three laws will bring speed in the delivery of justice with the use of modern technology and digital and electronic use .Modi government has taken a breathtaking step to revolutionize the criminal justice system and the whole credit for this replacement and commencement of the new criminal laws goes squarely to Modi .
Congress failed to replace the colonial era laws during last 70 years as it is obsessed with slave mentality and now Modi government has replaced the three criminal laws with new laws which is epoch making and no less than creating a history by the Modi government .it is so good that with the three new criminal laws, the issues of terrorism ,sedition and mob lynching will be addressed and it will make India to control and fight back these crimes in shortest time possible and it is no less than a revolution in the criminal justice system the benefit of which will go to the people .Far reaching changes have been made in the criminal justice system and the new criminal laws are fully capable of dealing with Pak-sponsored terrorism .The two new things in the new criminal laws is justice in place of punishment and security which means that the new laws will not only punish guilty but will also provide justice to the victims .The new criminal laws are reformative than merely punitive and these will help in the speedy delivery of justice and reduce the pendency of criminal cases in judiciary .
In a significant development ,the first FIR’s under the Bharatiya Nayaya Sanhita -BNS have been successfully registered at the Model Police Stations in Doda and Reasi districts besides Udhampur ,Ramban & Jammu districts of Jammu division also .Jammu and Kashmir police on Monday registered the first FIR’s under BNS in Anantnag ,Srinagar ,Baramulla ,Kulgam and police district Sopore .This historic event marks the beginning of a new era in the justice delivery system within the Kashmir Zone .The new laws based on individual freedom and human rights ,reflect a major shift towards a more humane and just system.
The new criminal laws will help in the quick justice delivery and will ensure justice to not only to the accused but also to the victims .Prime minister Modi and Home minister Amit Shah deserves all commendation and appreciation for taking a historical and epoch making step to replace the present criminal laws and for replacing ,overhauling and in fact revolutionizing the criminal justice system to make it in tune with the needs, requirements and socio-economic and politico cultural system of the country . In brief with the replacement of the colonial laws with new criminal laws the signs and symbols of British slavery are being obliterated and it will result in new mindset of the people free from British slavery .The political parties across the spectrum should welcome this reformative step and the countrymen as well should also welcome the commencement of the new laws which are in the interest of the people.
(The author is a columnist, social and KP activist)
