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Reform And Revolution: The Key Updates In India's Criminal Justice System And Analytical Review Of Recent Criminal Law

To the writer of this article, try going through all the reformative bills passed in favor of justice in India so far. The bills have been updated over the years as society has changed to reflect on that change and new approaches to crime and punishment in this nation. This Research will take a deep look at the criminal bill in India and its reform, how it developed over time, and some suggestions from our side for future improvements. The Criminal Law (Amendment) Act, 2013 mainly came after the Nirbhaya case and was a milestone legislation.

His action represented a host of amendments to make laws regarding sexual charges and wrongdoings against women more stringent. The criminal bills evolution process in India shows that the country is on its way to improve its legal setup for justice. As long as reforming the criminal justice system, there are several reforms that India may implement to render its system more equitable and efficacious.

We need to continue the conversation on improving legislation, education, and protecting the rights of all people. Creating formal awareness among citizens for legal literacy to better understand their rights and duties. To create Legal aid clinics in rural hinterlands so that these people can access justice. Making the judiciary more effective in decreasing pending cases. Faster Resolution of Disputes by Introducing Alternative Disputes Resolutions.

Research Methodology
Research Design:
The research design for this paper is primarily Comprehensive and analytical. This design was chosen to provide an- in-depth analysis of some key updates in India's criminal justice system, recent criminal law, and judicial amendments related to the Indian penal code of 1860. The research paper focuses on existing legal frameworks, case laws, and scholarly commentary to understand the intricacies, key reforms, and review of New Three criminal laws i.e. BNS, BNSS, BSB 2023.
  • Sources of Data
  • Primary Sources :
Statutory provisions: The primary legal texts analyzed include the Indian penal code, 1860, and soon to be soon-to-be-enacted Bhartiya Nyaya Sanhita,2023

Historical Data: To understand the historical background of the criminal justice system and amendments to the bill.

Secondary Sources:
  • Legal commentaries and textbooks: Authoritative texts and commentaries on Indian criminal law provide insights into the historical context.
  • Journal articles and Reports: Reviewed journal articles and law reviews are utilized to gain perspectives on recent changes in three criminal laws, reports from law commissions, and legal research institutes.

Introduction
The world has changed tremendously in recent years for the legal scenario in India, especially criminal laws. These changes have led to considerable debates and discussions among legal scholars, policymakers, and the general public. In this Research, we shall touch upon one of the most important criminal laws India has witnessed after a long time and study the Pros & Cons of these legal reforms.

The Three Criminals Law came into force on 1st July 2024, as it was passed by both the House of Parliament of India and assented to by the president of India. Let us talk about the new criminal laws of India and why they had to be brought into force how they will change some of the major clauses of Indian criminal laws, and what those new Clauses have been added or removed from our age-old Indian laws of crime. The names of the three bills are Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhartiya Sakshya Bill 2023.[4]

Development of Criminal Laws in India

The Indian legal system is a legacy of laws enacted in the colonial era and has since been considerably amended. New provisions in the criminal laws are more flexible to respond to developments - such as cybercrime, terrorism, and Gender-based violence. To understand these new reforms we have to appreciate the historical context of criminal laws.

The Adaptation of Criminal Laws in India

When it comes to legal systems, criminal laws come into play in order to regulate peace and justice among people. Criminal laws in India have evolved over the centuries, corresponding to changes in societal norms and values, to meet new challenges. Below is an overview of how criminal law has evolved over the years and the most recent developments in India:
  • Colonial Legacy:
    • Origins of the Indian Penal Code (Introduction of British Raj):
      • With the advent of British colonial rule in the 18th century, India saw a transformative shift in its legal framework. The British colonial rulers introduced the Indian Penal Code (IPC) in 1860, codifying criminal offenses and punishments.
         
  • Some Key Features of IPC:
    • The IPC laid down comprehensive provisions on crimes such as theft, murder, and assault, aligning with English common law principles. It also outlined the principles of criminal liability, defenses, and sentencing, setting the foundation for modern criminal jurisprudence in India.
       
  • Independence and Legal Reforms (Post-Independence Changes):
    • After gaining independence in 1947, India embarked on a journey of legal reforms to adapt to the changing socio-political landscape. The Criminal Procedure Code (CrPC) and the Evidence Act were enacted, streamlining criminal trials and evidence procedures.
       
  • Landmark Cases and Amendments:
    • They strengthened the rule of law through landmark judgments such as the Kesavananda Bharati case and the Maneka Gandhi case, recognizing individual rights and due process in criminal proceedings.
    • Amendments to the IPC and CrPC introduced new offenses, enhanced penalties for certain crimes, and incorporated principles of restorative justice. The Criminal Law (Amendment) Act, 2018, amended the IPC and CrPC and introduced stringent rules for crimes against women and children.
       
  • Emerging Trends in Criminal Laws:
    • The advent of technology and cybercrimes has necessitated revisions in existing laws to address new forms of criminal activities. Issues like hate crimes, white-collar offenses, and juvenile justice have prompted nuanced legal responses to protect vulnerable sections of society.
       
  • Calls for Reforms:
    • Legal experts, activists, and policymakers advocate for reforms in criminal laws to ensure swift and fair justice delivery, minimize delays in trials, and address gaps in legal protections. Initiatives like the National Legal Services Authority (NALSA) aim to provide legal aid to marginalized communities and promote access to justice for all.
The criminal laws in India have evolved over a period of time; and this is being done according to the needs of the society, with changing times. Arising from the colonial vestige of the IPC, the legal structure is constantly evolving along with Indian society to account for new challenges such as cybercrimes and changing conceptions of social justice. India, on its journey to build a more just legal system, must continue its reforms and collaborations to maintain the rule of law.

Key Changes in Criminal Laws:
Strict Penalties for Certain Offenses The introduction of harsher punishments is not new Defining modern criminal offenses such as cyber fraud While certain crimes or types of criminal activities may already have been addressed recently through various amendments, it would be interesting to see what constitutes a part of an offense that results in initiation of criminal proceedings at all and where the Indian Penal Code stands with respect to certain crimes. Reforms seek to strengthen accountability and deterrence, but gaps in enforcement and the protection of the rights of the accused remain a concern for some. The Supreme Court of India stated in 1979 that the primary goals of the criminal justice system's administration in that country should be the reformation and rehabilitation of criminals rather than the mere prevention of crime.[8]

Evolution of Criminal Laws in India: Key Changes and Suggestions:
India has seen legal reforms to modernize its criminal justice system over the past few years with a goal of addressing some issues in society. The canvas of criminal legislation in India has changed considerably, from the addition of new provisions to older laws to their complete transformation. In this article, we discuss some of the critical amendments in criminal laws taking place within India along with recommending steps for further improvements.

Enhanced Punishments for Sexual Offences

  • Implementation of Stricter Penalties for the wrongdoer prohibition of harassment of women at the workplace and protect the women.
  • Criminal Law (Amendment) Act, 2013 incorporated changes to current laws related to accentuating the penalty for sexual offenses like rape and sexual assault. Heinous crimes against women were being discouraged and it provided the provision for the death penalty, repeat offenders or those of an exceptionally brutal degree would be dealt with under this section.

Empowerment of Victims

  • These included fast-track courts and stricter protocols for the investigation and trial of sexual offenses to ensure quick justice delivery as well as act as a witness-protection mechanism to support survivors.

Suggestions for Improvement

  • Enhancing enforcement of the existing laws through prompt investigation, prosecution, and disposal of the cases and Specialized training to police force and judicial officials dealing with cases of sexual offenses.
  • Introduction of Cyber Laws: In the year 2000, the IT Act was first overhauled to cater to a new species of threat-cybercrimes-comprising hacking, data theft, online fraudulent acts, and cyberbullying. The bill included amended articles to punish offenders of cybercrimes and confirm security for electronic data.

Cybercrime Prevention Measures

  • This was in the form of setting up dedicated cyber cells and forensic labs to aid detection and prevent cyber crimes in India.

Suggestions for Improvement

  • It is regularly updated as new technologies come along, and as when cyber threats evolve & Awareness programs to educate individuals and organizations about the need for cyber hygiene practices to protect from cybercrime.
  • Focus on the Prevention of Human Trafficking

Strengthening Anti-Trafficking Laws

  • The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 aimed to be a complete law on the issue in India by consolidating all existing legislation and adopting a rights-based scientific approach to the subject. Authors of this part of the resolution were keen to prescribe severe punishment for traffickers and those who facilitated it, coupled with measures on rehabilitation and reintegration for survivors.

Victim-Centric Approach

  • The focus was on supporting victims with the provision of specialized shelter, legal aid, and health assistance in order to manage the comprehensive implications of human trafficking.

Suggestions for Improvement

  • Improving cooperation between law enforcement organizations, civil society, and others to ensure a coordinated effort to combat trafficking in human beings & Educational and Community Outreach programs to enhance an understanding of human trafficking, what it is, why it exists, how traffickers exploit victims/survivors, and the hidden side of the City.

Problems

  • Lack of resources and infrastructure to effectively implement new laws
  • Capacity-building requirements for training law enforcement officials
  • Balancing Individual rights with Societal interests in Investigations
  • Ensuring Fairness and Equity
One of the key areas of reform in any legal reform is the important tenet of criminal laws that they should be equitable. It is crucial, of course, that the rights of all stakeholders including victims, accused, and witnesses, are protected by upholding the rule of law.

The Impact of New Laws on Youth Offenders

The juvenile justice system has evolved over the years in an attempt to address some of the challenges presented by juvenile offenders. Over longer terms, the aforementioned changes have really gotten people talking about what these changes could mean for the critical analysis of these reforms, and explore the implications they have on youth offenders.

The Evolution of Juvenile Justice Laws

  • Historical Overview: The establishment of the first juvenile court in the United States in the late 19th century.
  • The shift towards a rehabilitative approach for young offenders rather than punitive measures.
  • Current Legislation Analysis of recent laws and reforms aimed at addressing juvenile delinquency.

Impact on Youth Offenders

  • Rehabilitation and Recidivism Rates: Studies show the effectiveness of rehabilitative programs in reducing recidivism among youth offenders. The role of the new laws in promoting rehabilitation rather than punishment.
  • Education and Vocational Training: The importance of education and vocational training programs in aiding the reintegration of youth offenders into society. How the new laws support educational initiatives for young individuals within the juvenile justice system.
  • Mental Health and Counseling Services: The significance of providing mental health and counseling services to youth offenders. How the new legislation addresses the mental health needs of young individuals involved in the justice system.

Challenges and Criticisms

  • Lack of Resources: The issue of limited resources hinders the implementation of effective Rehabilitation programs for youth offenders.
  • Calls for increased funding to support the juvenile justice system adequately.
  • Disparities in Treatment: Concerns regarding disparities in the treatment of youth offenders from different socioeconomic backgrounds. The need for equity and fairness in the juvenile justice system.

Key Changes in the Bhartiya Nyaya Sanhita 2023
Exploring the Key Changes in the Bhartiya Nyaya Sanhita 2023
With every passing day, we get into the future therefore it requires one to be in touch with changes that are being made to our judicial systems. The amendments through the Bhartiya Nyaya Sanhita 2023 that have affected some aspects of our legal order include the following changes. It will be possible to explain changes connected to the Bhartiya Nyaya Sanhita 2023 and their meanings.

Enhanced Rights of Women
New provisions on Women's Empowerment have been added in Bhartiya Nyaya Sanhita 2023 The Act as stated besides bringing in change in many other areas has modified the provisions for the betterment of the women folk. This involves sanctions that would see individuals who have violated the rights of women receive severe punishment in relation to crimes against women; and the provisions that seek to enhance the status of women in the workplace and in the society. These envisage the development of changes in order to bring justice to women's rights and safety into perspective. In the event that rape was gang rape, it would raise the age of the victim as the major from 16 to 18 years.

Strengthened Cybersecurity Laws
Due to a drastic increase in cybercriminal activities over years, The Bhartiya Nyaya Sanhita 2023 has set up strict legal grounds touching on cybersecurity in order to shield people and corporate entities from the face of cyber threats. The following laws are some of the most recent laws setting some strict measures on data privacy, cybersecurity, and e-privacy as well as the fight against cybercrime in an effort to provide a safe space online for all citizens. The focus on cybersecurity is a result of the government's responsibility towards the protection of the digital infrastructure in the country.

Streamlined Judicial Processes
The most noticeable change in the Bhartiya Nyaya Sanhita 2023 is the attempt to make deliveries justice for all on a timely manner. This means that the new reforms aimed at addressing issues such as congestion within the courts, expediting the process of legal court procedures and trials, and ensuring equal justice for everyone. Operationalized through the reduction of judicial duration and simplification, the legal undertakings seek to dispense justice much more efficiently. Any person committing or attempting to commit a CLASS A Applied Criminology organized crime and who dies in the process shall be punished to death or life imprisonment with a fine of not less than Rupees ten lakh.

Emphasis on Environmental Protection
Realizing the importance of environmental protection, Bhartiya Nyaya Sanhita 2023 seeks to amend certain aspects of environment protection law. The gist of these changes concentrates on fostering sustainable practices and redressing environmental infractions, and civil liability for impairing the environment. The legal framework, in this manner, seeks to preserve natural resources and a greener future for future generations by giving primacy to the environmental cause.

The Bhartiya Nyaya Sanhita 2023 will usher in a new age of legal reforms - from improving women's rights and enhancing cybersecurity laws to overhauling judiciary processes to focusing on environmental conservation. These positive measures indicate new progressive thinking on how to move towards a fair, safe, and green society. Stand by, get out there, and have a hand in sculpting the future of our justice system. [14]

Key changes in Bhartiya Nagrik Suraksha Sanhita
Bhartiya Nagrik Suraksha Sanhita 2023 Explained
Amidst the dynamic frame of laws in the country, the Bhartiya Nagrik Suraksha Sanhita 2023 has come up with several major changes related to citizen safety. These highlights of what the new legislation alters very specifically have ramifications for ordinary people.

Increased Surveillance Measures

The Bhartiya Nagrik Suraksha Sanhita 2023 - the new law brings in reinforced surveillance mechanisms to strengthen national security.

These measures include:
  • Mandatory installation of CCTV cameras in public spaces and expanded use of facial recognition technology for identification purposes.
  • Implementation of a centralized database for tracking individuals' movements.
  • Any police officer may seek such a Medical examination.

Strengthened Cybersecurity Provisions:

  • Requirement for businesses to adhere to stringent cybersecurity protocols.
  • Establishment of a rapid response team to address cyber-attacks promptly.
  • Increased penalties for data breaches and cybercrimes.

Empowerment of Law Enforcement Agencies:

  • Provision for warrantless searches in high-risk situations.
  • Authorization for the interception of electronic communications in cases of national security threats.
  • Forensic investigations are required for offenses carrying a minimum sentence of seven years in prison.
  • Enhanced coordination between different agencies for seamless information sharing.
The CrPC gives state governments the authority to designate as a metropolitan region any city or town having a population of one million or more. There are Metropolitan Magistrates in these districts. The designation of metropolitan regions and Metropolitan Magistrates is eliminated. The safety of our citizens is paramount, and these changes aim to safeguard their well-being. The Bhartiya Nagrik Suraksha Sanhita 2023 has ushered in a new era of security measures aimed at protecting citizens from diverse threats. By implementing robust surveillance, cybersecurity, and law enforcement provisions, the legislation strives to create a safer environment for all. Stay informed and stay secure.

Key changes in the Bhartiya Sakshya Bill 2023:
The Bhartiya Sakshya Bill 2023: A Detailed Overview:
In the realm of education, the Bhartiya Sakshya Bill 2023 has stirred conversations and sparked curiosity regarding the significant changes it brings to the educational landscape. The key amendments and innovations introduced by the bill, shed light on how they may impact the future of learning in India. It considers electronic documents to be the main proof.

  • Emphasis on Digital Literacy: A curriculum with a focus on digital literacy has been highlighted in the Bhartiya Sakshya Bill 2023, which includes children of all ages. To leverage the power of online technologies, schools are compelled to embed tech-enabled learning tools and channels as part of their syllabus to provide students with core digital capabilities. The move is, in fact, to equip the young with the necessary skills to be an advisor in a digital environment and information access.
     
  • Inclusive Education Practices: One of the most important changes in the bill is on inclusive education and meeting the needs of students with disabilities. Educational institutions would also have to adopt personalized learning methods which would be beneficial for students with disabilities, providing them with fair educational opportunities. This bill requires the establishment of resource centers in schools that provide needed resources for students with special needs.
     
  • Vocational Skill Development: The Bhartiya Sakshya Bill 2023 creates a new focus on vocational skill development, underscored by a traditional academic education. Schools will be supported in providing vocational programs and apprenticeship opportunities so that they can give their students the practical tools and experience they need. At its most basic level, this is a program designed to connect students with jobs in a way that streamlines the link between education and employment, providing students with an on-ramp into the real world.
     
  • Cultivation of Critical Thinking: The bill has favored a curriculum that builds upon critical thinking, problem-solving, and creativity among students. Schools will have to introduce interdisciplinary learning approaches that would make their students think analytically and innovatively. The bill seeks to develop these skills to create an efficient workforce capable of solving difficult problems within different sectors.
Education is the most powerful weapon which you can use to change the world.[17]

The Bhartiya Sakshya Bill 2023, marks a new beginning in the Indian education system which is poised to bring about game changing alterations in for students, all over the country. The bill brings a more holistic and dynamic approach to education by also opening the door of possibilities before students, promoting digital literacy, inclusivity, vocational skill development as well as critical thinking. It also provides that a multi-person trial, in which one of the accused has fled or not responded to an arrest order would be tried collectively. The future is coming at us fast and we need to prepare for it by pushing these changes and addressing them with a generation of learners who will be ready to change the world.[18]

Conclusion
The ever-evolving criminal laws of India are indicative enough of the dynamics that need to be catered for by a piece of legal machinery adapting to its surroundings. As much as the new laws herald system reforms for the beleaguered Nation Type Fraud, their meaningful implementation and enforcement remain a challenge. These laws must be made in such a way that gives justice to those who are underprivileged and protect everybody's rights and everyone from any part of the world, either black or white.

The new criminal laws in India need to be subjected to close scrutiny, in order to create a legal system that not only keeps the society safe from criminal threats but also remains just and fair by the standards of a democratic society. An analysis of juvenile justice reforms illuminates the need to align rehabilitation and accountability in response to youth offenders. While the new laws have taken steps to encourage youth reform, it has its own set of issues.

End Notes:
  1. *
  2. Office of Advocate Partap Singh (no date) Who is Advocate Parth Singh? Alumnus of JGLS & NALSAR, Office of Advocate Partap Singh. Available at: https://officeofpartapsingh.com/advocate-parth-singh (Accessed: 19 May 2024).
  3. Parth Singh, an advocate at the Supreme Court of India and the High Court of Punjab & Haryana, is an LLM candidate at Columbia Law School for 2024-25. With Master's in Criminal Law & Forensic Science from NALSAR University with distinction. Mr. Singh is also among the youngest Judicial Law Clerk appointed by the Chief Justice of India. Notably Mr. Singh as a scholar, has also contributed to Cambridge University Press (Scopus Indexed) on "Determination of Sentences: Policy and Practice," advocating for sentencing guidelines and a statutory board in India
  4. The Bhartiya Sakshya bill, 2023 (2024) PRS Legislative Research. Available at: https://prsindia.org/billtrack/the-bharatiya-sakshya-bill-2023 (Accessed: 19 June 2024).
  5. Kesavananda Bharati Sripadagalvaru ... vs state of Kerala and ANR on 24 April, 1973. Available at: https://indiankanoon.org/doc/257876/ (Accessed: 19 June 2024).
  6. Maneka Gandhi vs Union of India on 25 January 1978. Available at: https://indiankanoon.org/doc/1766147/ (Accessed: 19 June 2024).
  7. About Us(2019) National Legal Services Authority! Available at: https://nalsa.gov.in/about-us (Accessed: 19 June 2024).
  8. Bishnu Deo Shaw @ Bishnu Dayal vs state of west bengal on 22 ... Available at: https://indiankanoon.org/doc/198117/ (Accessed: 19 June 2024).
  9. Criminal law (amendment) act, 2013(2024) Wikipedia. Available at: https://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013 (Accessed: 19 June 2024).
  10. Information technology act, 2000(2024) Wikipedia. Available at: https://en.wikipedia.org/wiki/Information_Technology_Act,_2000 (Accessed: 19 June 2024).
  11. The trafficking of persons (prevention, protection, and rehabilitation) bill, 2018(2024) PRS Legislative Research. Available at: https://prsindia.org/billtrack/the-trafficking-of-persons-prevention-protection-and-rehabilitation-bill-2018 (Accessed: 19 June 2024).
  12. Impact of economic factors on juveniles in India: A critical analysis (no date) Legal Service India - Law, Lawyers and Legal Resources. Available at: https://www.legalserviceindia.com/legal/article-6714-impact-of-economic-factors-on-juveniles-in-india-a-critical-analysis.html (Accessed: 19 June 2024).
  13. Read 'Juvenile crime, juvenile justice' at nap.edu (no date) The Juvenile Justice System | Juvenile Crime, Juvenile Justice | The National Academies Press. Available at: https://nap.nationalacademies.org/read/9747/chapter/7 (Accessed: 19 June 2024).
  14. Bharatiya Nyaya Sanhita (2024) Wikipedia. Available at: https://en.wikipedia.org/wiki/Bharatiya_Nyaya_Sanhita (Accessed: 19 June 2024).
  15. Ministry of Home Affairs. Available at: https://www.mha.gov.in/en (Accessed: 19 June 2024).
  16. Bharatiya Nagarik Suraksha Sanhita(2024) Wikipedia. Available at: https://en.wikipedia.org/wiki/Bharatiya_Nagarik_Suraksha_Sanhita (Accessed: 19 June 2024).
  17. Nelson Mandela Education is the most powerful weapon, Punjab Colleges. Available at: https://pgc.edu/education-is-the-most-powerful-weapon/ (Accessed: 19 June 2024).
  18. Bharatiya Sakshya Act, 2023 (2024) Wikipedia. Available at: https://en.wikipedia.org/wiki/Bharatiya_Sakshya_Act,_2023 (Accessed: 19 June 2024).

Written By: Mr. Devanshu Saxena
, Law Student, Chandigarh Law College Punjabi University Patiala
(Legal Intern, Office of Advocate Partap Singh) - Mentor & Supervisor: Advocate Parth Singh

Acknowledgement
I am profoundly grateful to my mentor, Mr. Parth Singh[3], for his unwavering guidance and support throughout the course of my research internship at the office of Advocate Partap Singh. His extensive expertise in constitutional theory and his dedication to legal scholarship have been an invaluable source of inspiration for this research paper. Throughout this internship, Mr. Singh has been a constant source of encouragement, offering constructive feedback and sharing his vast knowledge and experience.

His mentorship has not only enhanced my understanding of the jurisprudential though process of the country but also the law and has also instilled in me a strong sense of professional ethics and dedication to legal advocacy. I am deeply appreciative of the opportunities he has provided, and I am honored to have had the chance to learn from him. This paper would not have been possible without his invaluable advice and supervision.
 

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