New criminal laws: a shift from colonial to Indian philosophy

Introduction

The Indian legal system for many years reflecting the colonial law has undergone a drastic change after the implementation of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’), Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), and Bharatiya Sakshya Adhiniyam (hereinafter referred to as ‘BSA’) on and from the 1st of July, 2024. These new laws are therefore a deliberate attempt at shifting from what may be referred to as ‘Westernized’ criminal justice system back to a justice system that is more in sync with the Indian mind set and perception of justice. These and the subsequent benchmark changes represent such a shift of approach as the previous colonial framework are being replaced with the goal to better reflect the country’s intellectual legacy.

Shifting the Focus

In the colonial context, the legal reform was primarily focusing on the punitive aspects of crimes rather than addressing the consequences of crimes for the victims and the wider communities. New laws, however, demonstrated the attempts to introduce restorative principles into the legislative process, which matches the Indian idea of ‘dharma.’ The term dharma is translated as righteous duty and emphasizes the need for the social order and compliance with the responsibilities. The BNS does the same through the provisions of compensation funds for the victims. Let’s consider a situation when crime not only destroys the life of a person, but also leaves a person with an economic problem. Such struggles are recognized by the system of victim compensation, which allows for subsequent compensation and thus reflects the concept of restoring order.

Additionally, the BNS also provides provisions regarding community service for some of the offences. It also acts as a punishment and gives the offender an opportunity to be useful to society. This rhymes with the doctrines of ‘sadhana’ chanted in most Indian tenets of beliefs. Hence, in performing acts of service, the offender can get a chance to make amends and possibly aid in the healing of the affected parties in the society. This approach brings out the feeling of “Vasudhaiva Kutumbakam” which refers to the world being one family and actions being interrelated in a manner that the effect of the action generated befalls on the entire community.

However it is even important to recognize the fact that having all these principles on paper does not end it either. The subsequent part of the work will outline obstacles that are yet to be overcome in order to realize these principles for their successful implementation.

New Laws and Ancient Wisdom

While the principals such as dharma (righteous duty) and Vasudhaiva Kutumbakam (the world is a family) often emerge as the focused principals when it comes to the new laws. But there is no doubt that ancient Indian philosophy provides a number of governance principles that interlink with these legislative changes:

Satya (Truth)

Democracy and information laws are the types of laws that are linked with search for truth. This can be evidenced in aspects such as the Right to Information Acts that seeks to enable citizens get access to records of the government.

Ahimsa (Non-Violence)

Measures relating to the exclusion of certain categories of people or the conservation of nature also correlate with this idea. Measures against domestic violence or measures against environmental damage likewise bear witness to this obligation to non-violence in a broad sense.

Aparigraha (Non-Possessiveness)

The regulations that seek to ensure that resources are fairly distributed are coherent with this concept. Practical examples of this principle can be progressive taxation or different welfare programmes can be also included in this classification.

Out of the three new laws that have been enacted to function in the Indian legal perspective, namely The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), the independence of India from the British legal system is embraced with the modern and ancient Indian philosophical system.

The major changes introduced by these new laws:

Restorative Justice

Some of the most radical changes are centered on the use of the retrospective justice concept. The BNS departs from an almost strictly retributive approach and serves the purpose of the rehabilitation of victims and communities. This is evident in several key provisions:

• Victim Compensation Funds
  

  In this regard, the BNS stands vastly different from the prior system; it sets up distinct funds to compensate the victims of crimes. This not only has an immediate effect of solving a case but also empathizes with the economic loss a crime causes.
  
  

• Focus on Restorative Justice Practices
  

  The BNS promotes the concept of restorative justice which embraces compensation for the victims and rehabilitation of the offenders. This could include mediation programs or community service for the offenders in order that they could offset their crime by becoming useful to society and possibly undergo a rehabilitation process with the victim.
  
  

• Addressing Modern Challenges
  

  The earlier legal system proved inefficient in handling modern day offenses such as cybercrime and / or identity theft. The BNS rectifies this by coming up with particular legal measures in order to address these emerging threats.
  
  

Empowering Communities for a Collective Response

The new laws emphasize the role of the community in the operation of the justice system. This is reflected in several innovative provisions:

• Zero FIR and Streamlined Complaint Registration
  

  Earlier people could only register an FIR at the police station that has the charge sheeting jurisdiction over the place of occurrence of the crime most of the time resulting in delays. On this line, the BNS is proposing Zero FIR so that the people can lodge a complaint at any police station without the restrictions of place. Furthermore, online FIR filing and other electronic information sharing help in quick registers of the complaints.
  
  

• Nyaya Panchayats
  

  Based on an old idea which has been revived, the BNSS enables local councils, Nyaya Panchayats, to take an active part in dealing with disturbances of the minor legal violations. This creates a feeling of ownership right in the justice system and enables the system to accord culturally sensitive and possibly faster disposition.
  
  

Modernization and Efficiency: Embracing Technology

The new laws recognize the need to modernize and make the legal system faster and more efficient. This is reflected in the following changes:

• Mandatory Videography of Crime Scenes
  

  Finally for heinous crimes, mandatory videography plays a plus by enhancing the process of collection of evidence which may result to strong cases by the prosecution.
  
  

• Electronic Trials
  

  In certain circumstances, the BNSS enables proceedings online which could save time when proceeding to trial and clearing backlogs.
  
  

• Defined Timelines for Investigations
  

  Earlier, there was no well-defined time-frame for conducting the investigations which caused these delays. The BNSS puts into place defined timelines making the investigation process more time-bound and efficient than the existence process.
  
  

Evolving Offenses and Punishments

New laws and amendments have given cognizance to new forms of criminal activity and the desirability for higher penalties for criminals. This is evident in the following changes:

• New Crimes and Increased Sentences
  

  The BNS also addresses emerging threats through incorporating 20 new offenses ranged to cybercrime, financial fraud, and many more modern-day crimes. Thirdly, the severity of punishment for 33 current offenses has also been raised in order to act as a deterrent.
  
  

• Higher Fines and Mandatory Minimum Punishments
  

  Concerning specific offences, the BNS establishes increased fines and minimum levels of punishment in order to show more rational and severe reaction in relation to offenders.
  
  

• Addressing Medical Negligence
  

  A growing phenomenon in the Indian health care sector, the BNS creates special provisions to deal with medical malpractice so that necessary protection is arranged for compensation.

• From Sedition to Treason
  

  The BNS eliminates the colonial concept of sedition as the crime solely applicable to any act which poses a threat to the integrity of the nation and replaces it with treason. While the aversion seems to stem from the realization the sedition law has been abused, this differentiation attempts to rectify this problem.
  
  

Important Considerations and the Road Ahead

As positive as the new laws appear in the given framework, a lot has to be said about the difficulties of their enforcement. The police custody time has been increased from 15 days to 90 days in certain cases which is still a matter of controversy as there are huge chances of its misuse and proper check and balances to prevent its misuse must be warranted.

 The success of these reforms hinges on several key factors:

• Effective Training of Law Enforcement Officials
  

  It is also critical to note that since the police officers are tasked with the responsibility of implementing these new practices, they must first, therefore, undergo adequate training on the restorative justice measures, victims’ contact, and handling, as well as the new practices involving community participation and use of technology within the police service.
  
  

• Public Awareness Campaigns
  

  Citizen awareness on the rights and the new laws is important. This will enable citizens to self-organize and independently engage in the justice system because the dictate is that the citizens must be in a position to take advantage of the new laws when they are made.
  
  

A More Just and Equitable System

• The new criminal laws in India are creditable liberal, victim-sensational, and have a community-oriented approach towards criminal justice. These reforms try to accept the fact that the colonial model has a set of constraints and seeks to establish a new model that will suit the Indian social reality and philosophical background. There are still issues that need to be solved but the hope for a better, fairer, and more equal for each of the subjects of the justice system is evident.
• Thus, the effectiveness of these reforms will depend on the work of all the bodies. Any change requires that law enforcement agencies must undergo a process of training so as to help them to implement such procedures. The judiciary will therefore be very important in interpreting and implementing these laws with a view of ensuring that justice is done. More importantly, because these are new legal tools that reflect important social values public discussion and participation are very important in managing the use of these new legal tools efficiently and appropriately.
• If implemented and undertaken with the involvement of multiple institutions, India can take the right direction towards the reforms that should transform the Indian legal system into the protector of law abiding citizens, a promoter of healing for victims of trauma, and can reinstate the values inherent in the Indian Constitution and the philosophical background of the country. This will be a process of gradual improvement, not revolution, as new approaches will be built upon previous knowledge and experiences. However, with the sense of justice and with the assistance of all individuals and legal entities involved, India is capable of arranging an effective legal framework for generations.
  
  

Criticisms Beyond custody Periods

Existing concerns are not only limited to specific areas of the new laws; police custody extensions are one of the various interests. Here's a breakdown of some key criticisms:

• Individual Liberty vs. Social Order
  

  Critics often state that these laws may infringe upon personal rights with the common good as their justification. This throws into elicits the dilemmas of freedom and liberty especially in relation to the freedoms of the people in a society.
  
  

• Enforcement Challenges
  

  A significant issue arises from the effective implementation, let alone in extensive and multicultural areas. While laws may appear perfect on paper, their implementation is always a problem especially if they must be enforced consistently across various communities.
  
  

• Economic Impact
  

  One issue that has arisen in arguments relating to potential increased stringency is that it may stifle business development. Sustainable development on one hand and, economic development on the other are always delicate issues.
  
  That is why, in addition to the analysis of the phenomenon from the position of philosophy, it is necessary to also highlight the practical realization of the new laws and assess the changes within society.
  
  

Challenges and the Road Ahead

Although the new criminal laws represent complex and profound ideas of a restorative, community justice system, the vision of such a scheme’s practice is not void of difficulties.

One of them is the matter of appropriate education and training of representatives of police services. Such provisions as victim communication and service delivery projects and handling depend on restorative justice and therefore police officers that will be charged with the implementation of the BNSS provisions will need to be trained in restorative justice. Some of the competencies mentioned include interpersonal skills, especially communication skills, enrolled training, and cultural sensitivity. Otherwise, the rather sensitive task of working with the victims and the offenders and helping them find common ground might be at risk.

The other important component is to put in place strong governance structures. More police powers provided to the BNSS demand tangible protection against the possible abuse. There is need to have independent complaint bodies that possess the authority to: In addition, awareness creation on the part of the populace on these reforms as well as the rights that the citizens have, shall be important in their implementation.

The process of moving toward having a legitimate framework that would mimic the philosophical and cultural structure of the nation of India goes on. The BNS, BNSS, and BSA are examples of passing such a milestone on this road. Nevertheless, it depends on the response of the policymakers, police, and the public at large in implementing or enforcing them. It is through these constant discussions and debates along with proper training for the police force and establishment of sincere efforts to follow the spirit of these reforms, that India can provide a legal structure that can heal and empower the societies and the nations in this part of the world and uphold Indian philosophical tenets.

Conclusion

The new criminal laws in India therefore represent a break point away from the crass colonial model to a system that is in tune with the Indian philosophy. But the path ahead does not propose to be easy and apparently it poses the greatest challenge which the world needs to bear in mind – a challenge associated with tireless efforts and commitment to restorative justice, community policing, and victimology that itself has a capability to broadly endorse the spirit of ‘dharma’ and ‘Vasudhaiva Kutumbakam. ’

The efficacy of these reforms on the other hand depends on their implementation. Therefore adequate police training, sound mechanisms for supervision and monitoring, and law enforcement publicity crusades of these provisions are vital in order to yield the benefits of these laws to victims, communities and the justice system at large.

The challenges are there in most developmental processes hence can be expected on the road ahead. Some workers resist change hence a possibility of minor setbacks while implementing new procedures could be observed. However, there is always a possibility of misuse of a worker’s power hence; this aspect has to be monitored frequently. However the opportunity benefits can be clearly defined and quite substantial. An Indian inspired legal system, not only ensures a faster dispensation of justice; it also brings in the social responsibility factor and communal harmony.

The new criminal laws in the given texts are an expression of a new hope. If nurtured and cultivated with the principles of efficiency and culture this legal system can be fostered and maintained so that India and everyone in it, is the better for it; for a sound system does not necessarily hamper growth of a more sensitive and aware legal system that can better imbue the citizens of India.