Modernize India’s legal system

Dr. Debajyoti Goswami

(The writer can be reached at goswamidj@yahoo.in)

Similar to the common law legal system, India’s judiciary functions during the British Raj introduced the iconography of Lady Justice. The iconography can be traced back to Greek and Roman mythology. Recently, with the aim of “decolonising” the legal framework in India, a new, six-foot tall statue in the judge’s library has been installed with saree-clad women replacing the earlier blindfold with an adjoining copy of the Constitution of India instead of the sword, which signifies that “law is not blind” and reflects the judiciary’s commitment to constitutional values and justice that “sees everyone equally.” The newly designed statue has been designed by Sri Vinod Goswami, a muralist who teaches at the College of Art in Delhi.

Prior to that, with the mandate of strengthening public trust and confidence in the judiciary among the citizens of India by introducing three new criminal laws on 21st December 2013 in the Indian parliament. The introduction of three laws, namely, Bhartiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Adhiniyam, 2023. These three criminal reforms have now replaced the Indian Penal Code (45 of 1860), Code of Criminal Procedure, 1973 (2 of 1974), and Indian Evidence Act, 1872 (1 of 1872), respectively. The passage of these laws signals a paradigm shift in India’s justice system by modernising Indian criminal laws and advocating a step towards legal reforms. In delving into the introduction of these legislations, we need to understand the significance, essence, and potentiality of these legislations on Indian society to work out our activities as good citizens of India. The Bharatiya Nyaya Sanhita (BNS), 2023, aims to streamline and modernise India’s legal framework by consolidating numerous existing laws into a cohesive structure. It addresses various aspects of civil, criminal, and administrative law, aiming to simplify legal procedures and enhance accessibility to justice. These law reform initiatives are seen as critical upgrades to the Indian Justice System, acknowledging the historical constraints in the laws initially established during the colonial era for maintaining rule rather than influencing justice by the introduction of innovations of simplification of laws, enhancement of judicial efficiency, protection of rights, and enhancement of accountability among stakeholders, including the judiciary, law enforcement, and legal practitioners.

The Bharatiya Nagarik Suraksha Sanhita 2023 seeks to humanise our criminal justice system. By timeliness for investigations, it aims to make justice more accessible and responsive to the needs of the people. It replaces outdated terminology with a more people-friendly language, reflecting a commitment to a humane approach. In cases involving heinous offences, the proposed legislation emphasises the necessity of a mandatory visit by the forensic team. This strategic provision aims to bolster the investigative process, ensuring that a specialised team conducts an on-site examination to collect crucial evidence. The legislation has been showcased to enhance the thoroughness and accuracy of criminal investigations, ultimately contributing to a more robust legal framework.

The Bharatiya Nagarik Suraksha Sanhita 2023 advocates to humanise our criminal justice system. It encompasses a wide array of provisions designed to safeguard the rights, health, and well-being of Indian citizens across various spheres of life. It replaces outdated terminology with a more people-friendly language, reflecting a commitment to a humane approach. In cases involving heinous offences, the proposed legislation emphasises the necessity of a mandatory visit by the forensic team. This strategic provision aims to bolster the investigative process, ensuring that a specialised team conducts an on-site examination to collect crucial evidence. By mandating such visits, the legislation seeks to enhance the thoroughness and accuracy of criminal investigations, ultimately contributing to a more robust legal framework centred around contemporary standards of justice.

The Bharatiya Sakshya Adhiniyam 2023 recognises the growing role of technology in legal proceedings. In a contemporary legal landscape where technology plays a pivotal role, this law recognises electronic evidence as any information generated or transmitted by any device or system capable of being stored or retrieved. This broad definition encompasses a wide range of digital data, from emails and text messages to multimedia files, acknowledging the diverse forms of evidence relevant to modern cases and emphasizing factors such as authenticity and integrity. This law is designed to promote transparency, accountability, and ethical conduct within the governmental and public sectors. This inclusion is crucial in maintaining the credibility of electronic information presented in court and ensuring that technological advancements do not compromise the reliability of legal proceedings. Special provisions for the admissibility of DNA evidence and the acceptance of expert opinions as evidence further bolster the Act’s commitment to a modern and effective legal framework. All these addenda and corrigenda indicate a future where justice is not only delivered but is inclusive and reflective of our nation’s dynamic ethos. However, these reforms have brought both anticipation and scrutiny to India’s legal landscape. The new criminal code, which aims to revamp the country’s criminal justice system, has garnered attention. While these changes present an opportunity for modernization, a closer look is necessary to reduce further complexities and concerns.