Significance of new Criminal Code Laws for a lay person

The Ethical Arrangement founded by English Philosopher Jeremy Bentham has been encapsulated in his principle of ‘Greatest Good for the Greatest Number’ for the longest time. This, in fact, is a goal put forth for governments, explicitly indicating that their policies would be judged by their merits, and to be more precise, whether they benefit the majority or not. Bentham’s idea of this ‘Utilitarianism’ was further developed by John Stuart Mill, in the form of 'Greatest Happiness Principle' the philosophy of which means safeguarding ‘Greatest Benefit to the Greatest Number of People.’

In the context of recent significant transformation in the ‘Indian Legal landscape’ with the introduction of ‘New Criminal Code Laws’ known as ‘Bharatiya Nyaya Sanhita (BNS)’ in India, Benthem and John Stuart Mill are all the more relevant. On December 12, 2023, the BNS Bill was introduced in Lok Sabha. On December 20, 2023 it was passed in Lok Sabha, and next day it was passed in Rajya Sabha. It came into effect on July 1, 2024 as the ‘New Penal Code’ of the country, to replace the ‘Indian Penal Code (IPC)’ dating back to the period of British India, that is said to be containing outdated terms and did not address modern needs.

BNS salient features are basically the typical Indian style ‘Sanskrit Terminology and Definitions’ like Rashtradroh, Asamayik Sabha, Hatya, Chori, Dharmik Bhavna Bhangan, Balatkar, Cyber Apradh, Apavaad etc. It updates and modernises the language used in Criminal Laws. It introduces provisions for contemporary crimes like cybercrimes, organized crime, and financial frauds. There is also provision for ‘Enhanced and Stricter Penalties’ for crimes against women and children, including harsher sentences for rape and sexual assault.

By and Large changes have been strongly opposed and resisted by ‘Opposition Leaders’ and few ‘Legal Professionals.’ Nevertheless, the government emphasized that these new nomenclature laws are aimed to “Modernize Legal Framework, Enhance Efficiency of Judicial Process, and Address Contemporary Issues,” relatively more effectively than the earlier ones.

The new laws, as has been time and again clarified and stressed by the Union government, reduce ‘Procedural Delays,’ and simplify the ‘Judicial Process.’ This includes digitalising court records, promoting e-filing, and enabling virtual hearings. These initiatives are expected to expedite case resolutions and reduce the backlog of pending cases. Government is also confident that, there will be a stronger focus on ‘Rights of Victims’ and their involvement in the criminal justice process, by way of inclusion of provisions for victim compensation, witness protection programmes, ensuring timely medical examination and support for victims of crimes, like in sexual assault. It is clarified that the old laws provided limited support and protection for victims, often leading to secondary victimisation.

According to the government, the new laws are aimed at introducing stricter penalties for heinous crimes, harsher sentences for rape, acid attacks, and human trafficking, reflecting a zero-tolerance approach towards these offenses. Old laws limit to less stringent penalties for certain heinous crimes, leading to public outcry and dissatisfaction is the view of some legal experts. To reduce the burden on the judicial system, in the new laws, minor offenses appear to have been decriminalized or categorized as civil infringements, enabling necessary attention and resources on serious crimes. Further, it is said that the objective of the new laws is to promote the rehabilitation and reintegration of offenders into society, like community service, probation, and counseling as alternatives to imprisonment for minor offenses. It, thus, underscores the reformatory aspect of justice.

Delving into these laws little more, and a bit analytically, despite all positive claims by government, there are ‘Pros and Cons’ or ‘Advantages and Disadvantages’ which need to be considered and addressed carefully and objectively by the government for a better and more sensible decision, incorporating need-based changes. The ‘Imperatives, Implications, and Implementation’ strategy of new laws, to enlist and ensure ‘Acceptability and Accessibility’ of legal luminaries and vociferous opposition, not to speak of a lay person, is an absolute necessity. This is how Benthem’s theme of ‘Greatest Good for the Greatest Number’ and John Stuart Mill’s philosophy of ‘Greatest Benefit to the Greatest Number of People’ could be practically achieved.

The new laws obviously leverage technology to combat crime, for instance in the use of surveillance, forensic science, and data analytics, which are much needed perhaps, to enhance investigative capabilities and ensure more accurate and timely justice delivery. In support of this idea, the government described the old laws as, outdated, cumbersome, and inaccessible, leading to prolonged legal battles and inefficiencies. Similarly, while the new laws highlight reformative justice, aiming to rehabilitate offenders and reduce reoffending through various support programs, the old laws primarily are punitive with limited focus on rehabilitation and reintegration.

A SWOT analysis may, perhaps, give a more reasonable understanding to those with little or no legal background and also to lay persons. STRENGTHS, as felt by some legal experts, are basically: Modernisation and Efficiency (Integration of Technology and Streamlined Procedures); Victim-Centric Approach (Compassionate and Just Legal Process); Stricter Punishments (Harsher Penalties for Serious Crimes) etc. WEAKNESSES are: Implementation Challenges (Transition from Old to New Laws), Over-Reliance on Technology (Limited Access to Digital Infrastructure in Rural Area), Potential for Misuse (Stricter Laws and Penalties might be Misused or Misinterpreted) etc.

OPPORTUNITIES are: Judicial Reforms (Making the Legal System more Robust); Increased Public Trust (Modern Practices have Potential to Restore Public trust); Global Alignment (India aligning with International Legal Standards) etc. THREATS are: Resistance to Change (Resistance from stakeholders and Legal Professionals); Cybersecurity Risks (Reliance on Technology may effect Sensitive Legal Data and Processes); Economic Burden (Implementing Changes requires Substantial Financial Investment) etc.

The New Criminal Code Laws, undoubtedly, mark a significant step towards modernising the legal framework and addressing ever changing contemporary challenges more effectively, making it more efficient, victim-friendly, and aligned with present-day issues, and a step towards judicial reforms, provided the principle of ‘All are Equal Before Law’ is adhered to. By focusing on efficiency, victim support, stricter punitive measures, and rehabilitation, these laws are likely to create a just and effective legal system, if the spirit is sustained.

The successful implementation of these laws requires careful consideration of possible weaknesses and threats along with strategic planning and resource allocation. If executed well, these reforms have the potential to transform the Indian legal landscape, making it more robust, transparent, and fair for all citizens. However, their success will largely depend on adaptation by all the stakeholders involved, including legal professionals and political critiques. For the common man, these changes could mean a more robust legal framework that promises quicker, fairer, and more transparent justice. Nevertheless, experience will only confirm that!

Notwithstanding all this, whether it is IPC or BNS, English or Sanskrit terminology, unless principles and philosophy of natural justice followed in India since Vedic Period, as enunciated in Vedas, Manusmrithi, Mahabharata, Ramayana, Kautilya Arthasastra etc. are appropriately dovetailed, their acceptance is bit doubtful. Concepts of fairness, righteousness, and justice are deeply rooted in Vedas, which emphasise the importance of truth and moral order. The central concept in ‘Hindu Philosophy’ refers to the ‘Ethical and Moral Principles’ that guide human behavior. It encompasses duties, rights, laws, conduct, virtues, and the right way of living. Impartiality, fairness, right to fair hearing and opportunity to present their case is the basic philosophy of natural justice.

The ‘Principles of Natural Justice’ deeply ingrained in the Indian philosophy and tradition are highly relevant in the context of the Bharatiya Nyaya Sanhita. Whether the new ‘Criminal Procedure Code’ seeks to uphold these ‘Timeless Principles of Natural Justice’ in vogue, while addressing contemporary needs, for efficacy, fairness, and protection of rights in the justice system, in all fairness, is a million-dollar question.

(Writer is a Senior Independent Journalist and Analyst).