SPEEDY JUSTICE PROCESS

Key Highlights:

• The Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872 have been repealed.
• These have been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023.
• The new laws aim to provide speedy, accessible, affordable, and citizen-centric justice.
• Reforms were recommended by the Law Commission of India, Bezbaruah Committee, Vishwanathan Committee, Malimath Committee, Madhawa Menon Committee, and the Parliamentary Standing Committee on Home Affairs.

Detailed Insights:

• The new laws streamline various stages of investigation and trial with stipulated time periods for completion.
• Key stages like preliminary enquiry, further investigation, document supply, and judgment pronouncement are now time-bound.
• Investigations for offences against women and children are prioritized for completion within two months of recording information.
• A maximum of two adjournments is permitted to prevent unnecessary delays in case hearings.
• Technological applications like e-Sakshya, e-Summon, and Nyaya-Shruti (VC) have been developed to enhance speed, efficiency, and transparency.
• e-Sakshya enables lawful collection and electronic submission of digital evidence, ensuring authenticity and reducing delays.
• e-Summon facilitates electronic delivery of summons, making the process faster, time-bound, and easily trackable.
• Nyaya-Shruti (VC) allows virtual appearances for various stakeholders, including accused, witnesses, and experts.

Key Concepts Involved:

• Bharatiya Nyaya Sanhita (BNS), 2023: Replaces the Indian Penal Code, 1860, defining criminal offences and their punishments.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replaces the Code of Criminal Procedure, 1973, outlining procedures for criminal investigations and trials.
• Bharatiya Sakshya Adhiniyam (BSA), 2023: Replaces the Indian Evidence Act, 1872, governing the admissibility of evidence in legal proceedings.
• Law Commission of India: An executive body that advises the government on legal reforms and reviews existing laws.