News Excerpt:
The Minister for Law and Justice has introduced a National Litigation Policy aimed at transforming the government into an efficient and responsible entity. The three new criminal laws would take effect from July 1, 2024.
More about News: The new criminal laws overhaul nearly every section of the three cornerstone statutes: the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act. One of the fundamental principles of the rule of law is the predictability and certainty of criminal laws. Without this, citizens' life and liberty are at significant risk.
Objective of New Policy
- This policy intends to lower legal costs, reduce the number of government-involved cases, and ease the courts' workload.
Issues with The New Policy
- Compliance with criminal procedures is crucial because criminal laws can lead to the deprivation of life and liberty.
- Article 21 ensures no person is deprived of life and liberty except by established legal procedure, which the CrPC previously defined.
- Now, the CrPC has been replaced by three new laws. The IPC, which defines criminal behavior, has also been reworded and replaced, introducing new crimes.
- This raises concerns for those accused in criminal cases.
Uncertainty in criminal laws
- In criminal cases, the state prosecutes the accused. The new laws modify all three Act, which have been interpreted by the Supreme Court for over a century.
- Unpredictability and uncertainty about criminal laws may threaten the life and liberty of citizens, as violations can result in arrest.
- People base their behavior on existing laws and modify it to prevent criminal activity.
- The life and liberty of persons are seriously jeopardized when there is ambiguity surrounding criminal laws since breaking them carries the penalty of being arrested.
Two Different Criminal Justice systems
- Starting July 1, unless halted, two different criminal justice systems will operate. Substantive laws cannot be retrospective; procedural laws can be unless they harm the accused.
- Disputes over new procedures' impacts on the accused will likely reach the Supreme Court, creating uncertainty about our rights to life and liberty.
Overburdened Judiciary
- These changes will further burden an already overburdened judiciary, leading to delays.
- No assessment has been conducted on the impact of the new laws on delays or the infrastructure needed for criminal justice delivery.
- The National Judicial Data Grid shows a backlog of over 83,000 criminal cases, which is expected to increase by 30%, effectively denying access to justice.
New Offense included
- Section 124A of the IPC, defining sedition, which was stayed by the Supreme Court but is now repackaged in a more severe form in the new laws (Section 152 of the Bharatiya Nyaya Sanhita Act, 2023).
- The new law introduces "sovereignty and integrity of India" as an offense, potentially elevating ordinary riots to attacks on national integrity.
- Provisions of the UAPA, a harsh Act that negates the accused's rights, have been integrated into the new law.
Lodging of an FIR
- The Supreme Court's Lalita Kumari vs Government of Uttar Pradesh (2013) ruling mandates lodging an FIR for any disclosed cognizable offense.
- Only in certain rare cases where there is a possibility of mala-fide intentions of the complainant or commercial rivalry is suspected, a preliminary inquiry is conducted before lodging the FIR.
- The Bharatiya Nagarik Suraksha Sanhita, 2023, however, requires preliminary inquiries for cognizable offenses punishable by three to seven years (Section 173(3) of BNSS), undermining the Supreme Court's judgments.
Law Enforcement Agency
- This will allow the same offence to be prosecuted under two distinct laws by two different agencies: the NIA and the state's local police.
Conclusion:
There must be a judicial audit to ensure these laws do not exacerbate the backlog of criminal litigation or infringe on fundamental rights of the accused. Given the above reason, the National Litigation Policy, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, must be evaluated before implementation from July 1.
