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Implementation Challenges of India’s New Criminal Laws



  Jan 04, 2024

Implementation Challenges of India’s New Criminal Laws



Overview:

The implementation of India’s new criminal laws, replacing the colonial-era IPC, Evidence Act, and CrPC, presents several challenges. These laws aim to modernize the criminal justice system and include the Bharatiya Nyaya (Second) Sanhita, 2023; Bharatiya Sakshya (Second) Bill, 2023; and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023.

Key Challenges:

1. Training and Skilling: Ensuring comprehensive training for 3,000 officers across various districts, who will then train police officers and lawyers.
2. Balancing Old and New Provisions: Maintaining clarity between old and new legal provisions, especially in cases where section numbers have changed.
3. Forensics Infrastructure: Deploying and managing 900 Forensic Science Laboratory vans and ensuring mandatory forensic examinations in relevant cases.
4. Technology Integration: Successfully implementing online modules like the Inter-operable Criminal Justice System (ICJS) in Chandigarh as a model for other states.
5. Ensuring Uniformity: Achieving uniform understanding and application of the new laws across all states and union territories.
6. Public Awareness and Acceptance: Educating the public about the new laws and managing resistance or confusion related to the transition.
7. Judicial Training: Specifically preparing the judiciary, including judges and court officials, for the new legal framework.

Implications:

These challenges highlight the complexity and scale of reforming a country’s criminal justice system. Addressing these issues effectively is crucial for the successful implementation and efficacy of the new laws.

SRIRAM’s


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