'New criminal laws to focus on justice, old laws focused on punishment' says PM Modi

PM Narendra Modi on the new criminal laws

Prime Minister Narendra Modi on February 3 state that unlike the century old existing criminal laws, the focus of the three new criminal laws will be ensuring that the citizens get justice.

He said "Earlier, the focus was on punishment and penal aspects. Now, the focus is on ensuring justice. Therefore, citizens have a sense of assurance rather than fear.”

The three new criminal laws were passed in the parliament during the winter session and received the president's assent on December 25. These laws, the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023, will replace the century-and-a-half-old Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act.

The PM made this statement at the inauguration of the Commonwealth Legal Education Association (CLEA) - Commonwealth Attorneys and Solicitors General Conference (CASGC) 2024 at Vigyan Bhawan in New Delhi today. The theme of the conference is “Cross-Border Challenges in Justice Delivery”.

Observing that presence of African representatives at the conference, the PM noted that India has  special relationship with the African Union and expressed pride that the group became a part of G20 during India’s presidency.

New laws for changing times:

PM said  "The issues of the 21st century cannot be tackled with a 20th-century approach." He further noted that there is a need to rethink, reimagine and reform including modernizing legal systems, making the system more flexible and adaptable.

To substantiate this, the PM highlighted radical changes in the nature and scope of crime in recent times, and pointed out the vast networks created by criminals across countries and their usage of the latest technology both in funding and operations. Speaking of economic offences, how proceeds from  economic crimes committed in one region are being used to fund activities in other regions.  Furthermore, the PM also spoke of the legislative challenges faced owing to the rise of cryptocurrency and cyber threats.  

Noting that India inherited a legal system from the colonial times, the PM stated that India has undertaken a number of reforms over the last few years to revamp the judiciary. Modi noted that some of these laws had the potential to become tools of harassment for people. Getting rid of them boosted ease of living and ease of doing business.

He said "India is also modernizing laws to reflect the present realities."

Nari Shakti in judiciary:

PM noted that there is an ongoing discussion worldwide on increasing the participation of women in every domain. He said "The first step to do so is to bring each domain inclusive at the educational level. When number of women in law schools increases, more women will enter judiciary."

The PM also suggested that the dignitaries present in the conference exchange ideas on how more women can be brought into legal education. Modi noted that the legal education needs to adapt to changing times and technologies. He emphasized for a focus on understanding the latest trends in crimes, investigation and evidence would be helpful.

Justice and technology:

Noting that technology has a positive impact on justice system,  the PM spoke of hiw India has used drones to map places and provide clear property cards to rural people, reducing disputes, the possibility of litigation, and load on the justice system, making it more efficient. He said "Digitalisation has also helped many courts in the country, taking proceedings online, which has helped people access justice even from far-away locations."

Other dignitaries present at the event include Chief Justice of India DY Chandrachud, Union law minister Arjun Ram Meghwal, supreme court judge justice Surya Kant, attorney general R Venkataramani and solicitor general Tushar Mehta.