Confusion and delay surround implementation of new criminal law bills in India

A day after the President's assent and the official notification of the three new criminal laws in India, a state of confusion prevails in police stations and courts across the country, reports the Hindu.

The legislation, intended to replace British-era laws, faces challenges in implementation owing to the absence of necessary groundwork and the inadequate training of police officials.

The lack of clarity and preparedness raises concerns about the effective execution of these laws in the near future.

The three legislations in question are the Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code 1860; Bharatiya Sakshya (BS), replacing the Indian Evidence Act 1872; and Bharatiya Nagarik Suraksha Sanhita (BNSS), which supersedes the Code of Criminal Procedure 1898.

While the laws received approval from both the Lok Sabha and the Rajya Sabha on 20 and 21 December, respectively, the confusion arises from the absence of necessary groundwork and training for police officials.

Union home minister Amit Shah, addressing the issue on 22 December in Chandigarh, emphasised that the framework for implementing the laws in all Union Territories would be ready by December 2024.

As per the Hindu, Shah mentioned that infrastructure development, software upgrades, human resources training, and the complete computerisation of courts would be accomplished within this timeline.

He also announced a meeting in all Union Territories before 31 January, 2024, to fully prepare for the implementation of the laws by 22 December, 2024.

However, a senior government official highlighted the challenge of simultaneous implementation in states and UTs, emphasising the need for a unified approach without differing dates, reports the Hindu.

The confusion has been evident in police stations, as a Delhi police official told the publication that “several magistrates asked on Tuesday, 26 December why the police are still registering cases under the IPC when the new laws are in place. Till now, no training of officials has been held nor there is a change in the software used to register the cases.”

The Times of India provides additional insights into the challenges surrounding the implementation of the new criminal laws, stating that while the laws have been notified, their enforcement is expected to take several months. The exact timelines and a targeted deadline for the full implementation of these procedures are yet to be finalised.

The systemic changes required before the registration of FIRs under the new criminal justice codes are multifaceted. The Crime and Criminal Tracking Network System (CCTNS) software, used by over 99 per cent of the country's police stations, will need updates to accommodate the new FIR sections, reports TOI.

Additionally, issues regarding supplementary chargesheets and the fate of cases filed under the IPC after the new laws are implemented lack clarity, reports the Hindu.

The legislation also presents a unique challenge in its application to Nagaland, where Article 371A of the Constitution grants special provisions. Tribal areas under the sixth schedule of the Constitution in the states of Assam, Meghalaya, Tripura, and Mizoram also require separate notification.

The confusion and delays in implementing these new criminal laws underscore the complexity of overhauling a legal framework deeply rooted in British-era codes. As the new criminal law bills line up to be implemented, the nation grapples with the intricacies of this significant legal transition.