Speed Up Wheels of Justice

Dr Suresh Mathew Dr Suresh Mathew
28 Aug 2023

Three Bills which could presumably transform the criminal laws in the country were introduced in the Monsoon session of Parliament. The Bills -- the Bharatiya Nyaya Sanhita to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita in place of the Criminal Procedure Code, and the Bharatiya Sakshya Bill to substitute  the Indian Evidence Act -- have been sent to the Parliamentary Standing Committee. Will the Bills in its final draft hold the potential to shape the future landscape of criminal law? One has to wait and watch. However, the very names have ruffled many feathers with leaders from the South firing the first salvo, seeing it as a bid to impose Hindi. 

The Nyaya Sanhita has 356 sections as against 511 in the 163-year-old Indian Penal Code crafted by Lord Macaulay. Almost 80% of the provisions contained in the IPC have been retained, making it not a new law, but old wine in new bottle as some experts point out. In the case of the Bharatiya Nagarik Suraksha Sanhita, the sections have gone up to 533 from the 478 in Cr. PC. In the Bharatiya Sakshya Bill too, there are 170 sections compared to the 167 in the Evidence Act. 

Legal experts opine that the Bills have made some hits, but missed the bus on many grounds. The Nyaya Sanhita gives priority to crimes against women and children. A new offence has been defined in section 69 of the new Bill that deals with sex with a woman by deceitful means or on the pretext of false promise of marriage, employment, promotion, inducement or marriage after suppressing identity. To tackle the most barbaric act of raping a minor, capital punishment has been prescribed. Yet another change sending out a strong message is the recommendation of capital punishment for mob-lynching, a heinous crime that has seen phenomenal rise in the last few years. There is relief for the undertrials who, in the present context, are the worst victims of delayed justice. The new provision says that those undertrials, who have completed one-third of the maximum punishment they could have received, can avail bail. 

The much-publicised merit of the proposed law is stated to be the removal of the offence of sedition.  However, the ghost of section 124 A of the IPC -- sedition -- has re-appeared in another form under section 150 of the new Bill which envisages stringent provision for exciting or attempt to excite secession, armed rebellion, subversive activities; encouraging the feelings of separatism, endangering the sovereignty, unity and integrity of India. Such conduct is punishable with imprisonment ranging from 7 years to life imprisonment. This is nothing but reappearance of the colonial law in another form. 

One of the most dangerous provisions envisaged in the Bharatiya Nagarik Suraksha Sanhita is the permission for the police custody for a period up to 90 days, a huge increase from the current 15-day limit. Such detention is presently permitted for offences punishable with death or life imprisonment. But the increase in detention in police custody up to 60 days or 90 days, depending on the nature of the crime, will impinge on the rights of the accused. Since the Bills are meant to impact every citizen in the country, a wider consultation is needed before they take a final shape. The focus should be on speeding up justice delivery system.

Recent Posts

India's ambitious overhaul of its labour law architecture—by consolidating 29 existing laws into four comprehensive Labour Codes—is projected as a landmark reform intended to simplify compliance, prom
apicture Jose Vattakuzhy
01 Dec 2025
Across India, workers and unions are resisting labour codes that dismantle decades of hard-won rights. As corporate elites are celebrated, labourers face exclusion, precarity and silencing. The battle
apicture Prakash Louis
01 Dec 2025
I have always considered myself a temple-goer. That description may seem inadequate, for my journeys have taken me from the southern tip of the subcontinent to the Himalayan foothills, tracing not mer
apicture A. J. Philip
01 Dec 2025
Sixteen BLO deaths in three weeks expose the brutal human cost of an impossible SIR timeline. As overworked field staff collapse under pressure, the Election Commission denies responsibility, and an a
apicture Jacob Peenikaparambil
01 Dec 2025
Two Jesuit moments, a century apart, reveal a stark contrast: courage that welcomed Gandhi, and caution that silenced a Stan Swamy lecture. As we mark the feast of St. Xavier, we are asked not to judg
apicture Fr. Sebastian James, SJ
01 Dec 2025
O Father of India, on this sacred day, Not in prayer of sorrow do we gather, For your light is still dancing in our hearts. A fire that never dies, never ends.
apicture Dr Suryaraju Mattimalla
01 Dec 2025
As 2025 draws to a close, the Constitution's guarantees feel symbolic to millions. With courts, policing, voter rolls and land rights tilting in one direction, religious minorities confront a future w
apicture John Dayal
01 Dec 2025
Beneath the speeches of Constitution Day lies a nation in peril. Rights are eroded, institutions compromised, minorities targeted, and democracy is hollowed out. Ambedkar's warnings echo today, demand
apicture Cedric Prakash
01 Dec 2025
Aeschylus, the Greek tragedian, wanted to know how he was destined to die. Hence, he consulted a fortune teller who told him the truth and nothing but the truth. "You would meet your death under a fal
apicture P. Raja
01 Dec 2025
Picture two engines joined together. Both powerful, both capable of pulling a nation forward. But one engine pulls east and the other west. They strain. They struggle. And the train goes nowhere.
apicture Robert Clements
01 Dec 2025