Opinion New criminal code: The new compact

Beginning July 1, a historic page turns. The Bharatiya Nyaya Sanhita; the Bharatiya Nagrik Suraksha Sanhita; and the Bharatiya Sakshya Adhiniyam — will now replace the Indian Penal Code, 1860; the Criminal Procedure Code, 1973; and the Indian Evidence Act, 1872. These three laws have, for over a century, framed the citizen’s compact with the state, especially its imperative to lay down the rule of law and the coercive apparatus that comes with it. But India’s criminal justice system has been in dire need for reform. The case has been made repeatedly by mounting numbers of undertrials in jails, the victims in their long wait for justice and courtrooms clogged with cases. The enactment of new codes is a landmark step. From introducing community service as an alternate form of punishment; making summary trial mandatory for petty offences; ensuring video-conferencing of trials; prescribing timelines for speedy trials to inclusion of offences for mob-lynching and child marital rape, these are some of the key areas where the needle has moved decisively forward.

There are other areas where work needs to be done. In July 2020, an expert panel set up by the Ministry of Home Affairs issued a detailed questionnaire for citizens with questions ranging from criminalising marital rape, making sexual offences gender-neutral to legalising euthanasia and revisiting sedition. The consultation process mostly took place during the pandemic, many of those big changes did not make it to the new codes. In Parliament, too, the bills were passed through a voice vote when most of the Opposition was suspended. States have flagged some issues. Some are logistical but important, like not having English names for the laws and a delay in translation to regional languages. Karnataka has, for example, flagged the provision allowing a police officer 14 days for a preliminarily investigation before registering an FIR and the total exclusion of Section 377 of the IPC which is invoked now in cases of sexual assault of a man. The Uttar Pradesh cabinet has already approved a proposal to bring an ordinance to make some exceptions in the anticipatory bail provisions.

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Clearly, the debate on the new laws cannot be limited to what was spoken in Parliament. As the laws roll out, more issues will come to fore and it is important for the Centre to hold space for that debate. Citizens and civil society are the key stakeholders in this and they will — and should — weigh in on its implementation flagging abuse and misuse. As the Lok Sabha mandate shows, it is important for the government to listen to these voices, not frame the feedback in political terms of Opposition versus Government. Reform of the criminal justice system is also not a one-time solution or one that just takes place in the books. Police reform, sensitisation and addressing gaps in judicial infrastructure are also needed to realise the objective behind these reforms. It is a work in progress that needs laws to constantly adapt to the changing needs of those it seeks to govern. July 1, therefore, marks the beginning of that process.