New criminal laws come Into effect
Source: Chronicle News Service / DIPR
Imphal, July 01 2024:
Following the recent directive issued by the Home Ministry regarding enactment of three new criminal laws, chief minister N Biren Singh announced implementation of the same in the state with immediate effect.
Addressing a formal function held Monday at the auditorium of Manipur State Film Development Society (MSFDS), CM Biren said that Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023 have replaced the British-era laws, namely Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872, respectively.
Stating that under the new laws, there are provisions for maximum of two adjournments in court cases and filing zero FIR at any police station; the CM expressed that these laws will be of great help to the people as FIRs can be filed in one's own dialect.
Stating that the three laws have been enacted in tune with the changing times, and will be very effective, Biren noted that at the same time, the implementation part is very crucial.
If those implementing agencies including security officers and lawyers are not sincere, then the laws will not serve their purpose.
As such, he appealed to all to work with sincerity and conviction to help in delivering justice to the people.
The CM said that the central government's enactment of these three laws stem from the observation that the existing laws were inadequate to address the technological advancements and societal shifts which have taken place over the past few decades.
The new laws overhaul the Indian criminal justice system, and they aim to implement justice through a victim centric approach, increasing focus on national security and introducing digital/electronic evidence reviews, he added.
Biren also mentioned that there are provisions against mob violence and appealed to the people of the state against delivering mob justice and to bring understanding through dialogue and more peaceful ways.
Other major changes include revisions in punishment for few crimes, and addressing issues such as the jurisdiction, backlog of cases, insufficient human resources and infrastructure, inadequate investigations and prosecutions, and outdated laws and procedures, he elaborated.
The CM then highlighted certain key features of the three new laws, stating that under the Bharatiya Nyaya Sanhita (BNS), 2023 and in the corporate context, the penal sections of law mostly relate to cases of cheating, criminal misappropriation, breach of trust, forgery and use of forged documents.
He continued that in Manipur's context, taking advantage of systemic flaws had almost become a norm.
Many departments including forest and revenue were full of wrongdoing such as forging documents.
A large expanse of wildlife protection area in Moreh was transferred to Assam Rifles by the village chief in association with a revenue supervisor of that time.
Furthermore, a former chief secretary identified five villages in Imphal valley as part of hill area.
All of these "intentional and unintentional mistakes" have led to the present situation, he remarked.
Highlighting the key feature of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the CM stated that it defines additional types of electronic evidence, empowers courts and police officers to issue summons in cases where digital evidence is involved, clarifies jurisdictions in cheating cases involving electronic modes of deception and empowers courts to ask for electronic filings in cases where documents are voluminous.
Meanwhile, the Bharatiya Sakshya Adhiniyam (BSA), 2023 has expanded the definition of 'document' to include electronic and digital records and includes examples of such records, expanded definition of documentary evidence to include electronic/digital records, classified electronic evidence as primary evidence when produced from 'proper custody' and broadened the definition of 'Experts' to include more areas of expertise, he informed.
Further stating that under the new laws, a case cannot have more than two adjournments so as to ensure speedy delivery of justice; he said that this will mean that the adage, "Justice Delayed is Justice Denied", will no longer exist.
The laws have been presented with a vision to tackle the challenges within India's criminal justice system, with support of advanced investigation methodologies and technology, the CM stated.
In his address, Law and Legislative Affairs minister Thounaojam Basantakumar Singh said that Bharatiya Nyaya Sanhita (BNS), 2023 has provisions for community service.
The earlier laws mostly focused on the punishment of the culprits rather than rehabilitation.
The new laws, however, have a victim-centric approach, he added.
The function was also attended by ministers Thongam Biswajit Singh, Govindas Konthoujam, Dr Sapam Ranjan, L Susindro Meitei and Heikham Dingo; MLAs, chief secretary Dr Vineet Joshi, DGP Rajiv Singh, administrative secretaries, senior police officials, eminent law officers, law students among others.
Later, a discussion programme on the three new laws was also held.
Comment
