New Delhi, Nov 2 (NationPress) The introduction of new Penal Codes last year, namely Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Shaksha Sanhita, aimed at replacing outdated colonial laws, marks a significant advancement.

The primary goal was to establish a progressive legal framework, focus on citizen-centric justice, and importantly, utilize technology to facilitate quick investigations and convictions. Amidst challenges in governance and internal security, Union Home Minister Amit Shah has addressed the essential duty of enhancing accessibility in our legal system while tackling contemporary issues like cyber crimes, terrorism, and violence against women and children.

Prime Minister Modi deserves recognition for emphasizing legal reforms that centralize the common citizen in governance, adopting a ‘citizen first’ and ‘ease of justice’ ethos within the justice framework.

While democracy exists 'for the people,' it is crucial for a democratic state to also commit to defending its sovereignty, security, and economic advancement from potential threats. We find ourselves in an age of proxy warfare, where terrorism, externally fueled insurgencies, and domestic unrest driven by provocateurs can be employed as tactics. This necessitates a heightened awareness among law enforcement regarding the role of public cooperation in crime prevention.

Reforming policing is equally vital as updating laws, especially since policing is a state matter, making it susceptible to political pressures.

Technological and forensic provisions are among the most critical aspects of the new legislation. It is now mandatory for forensic professionals to visit crime scenes and gather evidence in serious cases, with punishments of a year’s imprisonment or more. Furthermore, the evidence collection process will be recorded on video to prevent tampering. Electronic summons can now be dispatched, expediting legal proceedings, minimizing paperwork, and ensuring effective communication among all parties.

Additionally, the shift to electronic legal proceedings, as stipulated in the new laws, has made the judicial process more user-friendly for victims and witnesses while being less burdensome for defendants.

The overhaul of the legal process is a timely reaction to the justice system, which has suffered due to excessive delays. The new laws encourage the adoption of the National Automated Fingerprint Identification System (NAFIS) and other biometric methods, such as DNA matching in POCSO cases, aiming to close loopholes and significantly enhance conviction rates.

Home Minister Amit Shah has aptly stated that these legal reforms will render the judicial process more affordable, accessible, and user-friendly while simplifying, standardizing, and clarifying procedures. Laws must evolve to address emerging criminal trends. The rise of AI-generated deepfakes and misinformation on social media has prompted the government to revise Information Technology (IT) Rules to thwart criminal misuse.

The new laws promise expedited and equitable resolutions of cases, mandating that investigations be completed within 90 days, with a 14-day window for preliminary inquiries. Both victims and the accused must receive all documentation within 14 days.

A 60-day timeframe is set for framing charges or filing a discharge application. After charges are filed, courts must deliver verdicts within a maximum of 45 days post-arguments, allowing for only two adjournments to prevent unnecessary delays and ensure timely justice.

The revised Penal Codes prioritize investigations related to crimes against women and children, ensuring completion within two months. Such offenses take precedence over all other crimes, and the age differential concerning gang-rape of minors under 16 and 12 years has been eliminated.

Now, the gang-rape of a minor under 18 years is punishable by life imprisonment or death, serving as a stronger deterrent. To enhance protections for women and ensure transparency, the victim's statement will be recorded via audio-visual means by police or in person by a female magistrate, with a male magistrate present only in her absence.

Women will not be examined outside their homes, addressing the sensitivities of women and girls—a significant reform in light of past indignities in investigations. New legal provisions also require medical practitioners to submit rape victim reports to the Investigation Officer (IO) within a week.

The new Codes impose stricter penalties for acts of terrorism, cyber offenses, and organized crime. Rising contemporary crimes are treated with heightened scrutiny. Terrorism is viewed as a tool of proxy warfare, while cybercrimes have become effective means to destabilize nations, and crime syndicates operate on national and international levels for profit.

BNS defines terrorism as any act that threatens national unity, integrity, and security, instills fear, coerces authorities, or destroys public property—it now carries penalties of life imprisonment or death. The new law provides substantial discretion to police in interpreting terrorist acts, necessitating careful oversight by senior officers.

Organized crime is characterized as ongoing illegal activities, including kidnapping, extortion, and contract killings, all with severe repercussions. Human trafficking, drug smuggling, and illegal trade by crime syndicate members utilizing threats or coercion for profit fall into this category.

The new Code categorizes cybercrime by syndicates as a separate offense and prescribes significantly harsher penalties. The transformative nature of these laws is starting to yield results on the ground. Strict timelines for investigations, charge sheets, and judgments ensure swift and effective justice delivery. By prioritizing victim-centric provisions like Zero FIR and dedicating a separate chapter to crimes against women and children, the laws set a standard for transparency, accessibility, and empower citizens to a greater extent.

Unlike the punitive focus of previous laws, the new Penal Code framework adopts a reformative approach, balancing accountability with rehabilitation.

Community service has been introduced for minor offenses, facilitating recidivism prevention and fostering social responsibility awareness among young offenders. Approximately 1.5 million police officers and 42,000 prison personnel have been trained in the new laws, with ongoing orientation for others connected to the judicial system.

This ambitious reform aims to enhance transparency and efficiency in the judicial system, particularly regarding police roles in securing citizen-focused justice. This aspect is arguably the most challenging, as police stations remain entrenched in colonial-era practices. Public awareness is crucial for the success of the reformed laws.

The law and order framework is under state government jurisdiction, which must fulfill its duty to appoint qualified Station House Officers (SHOs), expand forensic science capabilities, and improve the supervisory roles of senior police officials to ensure the new laws are implemented thoroughly.

(The author is a former Director of the Intelligence Bureau)