Indian Express Editorial Summary

Editorial Topic : New Code, Old Capacity

Revision Notes

Context: New criminal codes, same old challenges of the justice system

New Criminal Code

Replacement of existing laws: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) replace IPC, CrPC, and Evidence Act.
Intent: Safeguard public rights, eliminate obstacles in accessing justice, and adapt to present-day needs.

Speeding Up Trials

Stringent timelines: Judgments within 45 days and charges within 60 days.
Concerns about system’s preparedness: High pending cases and workload per judge.
Increase in undertrials: Number of undertrials has risen from 3.7 lakh to 4.2 lakh between 2020 and 2022.

Bail Provisions

Extended bail provision: BNSS extends bail provision for first-time offenders who have served a third of their sentence.
Laxness in implementation: Despite shortened time, “bail not jail” principle is not fully adhered to.

Safeguards Against Unjust Incarceration

Increasing the Numbers

Significant increases needed: Entire system requires more personnel and infrastructure.
Vacancies in judiciary: 21% vacancy in lower courts and 30% in high courts.
Infrastructure and manpower: Increase in judges requires additional resources.
Cost-benefit analysis: Evaluating the cost of increasing human resources and infrastructure against the administrative cost of lengthening trials and incarceration.

Sexual Violence and Female Police

Mandatory female police officers: Statements of victims in sexual violence cases must be recorded in the presence of female police officers and video-graphed.
Shortage of qualified women officers: Only a small percentage of women officers are qualified to take statements.
Discouragement of victims: Growing workload and limited number of officers can discourage victims from coming forward.

Forensic Investigations

Mandatory forensic investigations: For crimes punishable by seven years or more.
Videography for search and seizures: Move towards more evidence-based law enforcement.
Challenges in forensic investigations: Shortage of labs, trained professionals, infrastructure, mismatches in human resources, and underfunding.

Technology and Evidence

Embrace of technology: Electronic evidence presented in court is assumed to be tamper-proof.
Standards for evidence integrity: Need for updated standards to ensure evidence integrity.
Judge’s upskilling: Judges will need to be upskilled to evaluate the authenticity of evidence.

Way Forward

Comprehensive training: Upgrade quality, knowledge, and change mindsets.
Address infrastructure neglect: Ensure all stakeholders are equipped to apply the law fairly.
Urgent attention to foundational issues: To ensure the success of the new laws and achieve a faster, more accessible, and equitable criminal justice system.