Digitisation and efficiency in criminal justice system, Pg8

Key Highlights:

• India aims for a full digital rollout of its criminal justice system by July 1, 2027.
• This will facilitate digital recording of investigations and trials under new criminal laws through the Interoperable Criminal Justice System (ICJS).
• The Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) have been replaced by the Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagrik Suraksha Sanhita (BNSS).
• Data for the digital system will be stored on the government’s cloud platform, MeghRaj.
• Forensic examination is now mandatory for offenses punishable with seven years or more imprisonment, leading to an increase in forensic laboratories from 129 in 2023 to 154 in 2025.

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Detailed Insights:

• The criminal justice system comprises police, courts, prisons, forensics, and prosecution services, aiming to ensure justice for individuals.
• The system balances the rights of the accused with the interests of the victim and society, adhering to principles of natural justice.
• The new laws, BNS and BNSS, signify a shift from a punitive approach to one focused on justice delivery and retribution, emphasizing citizen rights.
• Unlike the adversarial system, the inquisitorial system, practiced in civil law countries, involves an active judicial role in investigating facts.
• Despite an increase in forensic labs, only 46% of First Information Reports (FIRs) are currently transmitted digitally to courts, indicating an incomplete digital chain.
• The uneven progress in digitisation across states highlights the necessity of a full digital rollout to enhance the system's overall efficiency.
• Judicial pronouncements, such as the Visakha v. State of Rajasthan (1997) guidelines, have historically played a crucial role in guiding reforms and filling legislative gaps.

Key Concepts Involved:

• Interoperable Criminal Justice System (ICJS): An initiative to integrate the IT systems of police, courts, prisons, prosecution, and forensic labs for seamless data exchange.
• Bhartiya Nyaya Sanhita (BNS): The new law replacing the Indian Penal Code (IPC), focusing on justice delivery and retribution.
• Bhartiya Nagrik Suraksha Sanhita (BNSS): The new law replacing the Code of Criminal Procedure (CrPC), emphasizing citizen rights and procedural fairness.
• MeghRaj: A government cloud platform providing secure and scalable infrastructure for digital services and data storage.
• Adversarial System: A legal system where two opposing parties present their cases before an impartial judge or jury.
• Natural Justice: Fundamental principles of fairness, including the right to a fair hearing and unbiased decision-making.