This Article is written by Harshit Sagar a First-Year Law Student of Campus Law Center, Faculty of Law, UoD

Introduction:-

The Changes in New Legal Codes as Viewed from the Context of the Indian Judiciary

The landscape of judicial authorities in India is now at a near tidal change, as additional legal codes purport to remove the remnants of the internal British legal system. It is noteworthy that the state’s action to revise these laws stems from the desire to enhance efficiency in the functioning of the legal system, modernization of the judicial processes, and dealing effectively with perennial problems. In all these changes, however, optimism and challenges abound on the legal practitioners, the litigants, and the society at large.

The New Legal Codes and Their Workability:-

The new legal codes mainly seek to address three principal legislations which are as follows:

1:The Indian Penal Code (IPC)

2 The Code of Criminal Procedure (CrPC)

3: The Indian Evidence Act.

These laws were created by the British colonial government in the 19th century and they have formed the core of the Indian legal system till date for over a century and a half. They stand amended to a great extent but the basic framework has remained the same. Here we seek to redress the situation by redressing the legal discourse to contemporary socio-economical demands, and growing technologies, and considering justice about the positive defining of rights.

Regreening Legislation- Restructuring Legal Systems to Bring about Effective Changes The definition of offenses also includes the new aspects of some offenses to contain more rigid morass routines managing forms of gangsterism, cybercrime, and financial crime.

And now the three new laws are as follows:-

1. Bharatiya Nyaya Sanhita

2. Bharatiya Nagarik Suraksha Sanhita

3. Bhartiya sashay abhinaya[1]

Key Changes Proposed

1. Modification of definitions and its offenses: The new codes introduce a radical improvement that seeks to categorize various offenses and provide definitions in hitherto unaccustomed areas such as cybercrime, financial crime, and organized crime among others that were not available or poorly addressed in the earlier codes. The criminalization of these new categories of crimes or otherwise has in modern times become global and essential.

2. Expediting Judicial Processes: The Indian law system offers many opportunities for arguments but the consistent complaint is primarily in inefficiency of the system since cases take even forty years before they are solved. The proposed changes seek to rationalize the procedures, cut down the number of pending cases, and expeditiously bring justice. Processes of reporting grievances should be less cumbersome, and court processes of case adjudication should allow for case management and all forms of case management.

3. Reforms for the Victim: Something that was done and is now changing is focusing on the rights of victims, rather than defendants. More emphasis will be laid on victims under the new codes such as the appeal right and the acceleration of the trial. This represents a significant shift from an approach focusing on the accused, embedding the changes in international standards of victim justice approaches.

4. Decriminalization of Certain Offenses: The New codes also seek to decriminalize the new codes to include harmless petty offenses, for instance in business law and practice where certain imbecilic laws made things hard for no good reason[2]

Potential Benefits

1. Justice to be delivered Faster and Easier: If these suggested reforms are implemented well, criticisms like the slow processes that have haunted India for ages will be addressed. With less time spent on needless legal processes and the use of modern devices and approaches, the courts are likely to be more user-friendly and quicker in the application of justice.

2. More Accountability, More Responding: Updating the legal instruments is meant by the government for instilling some accountability, criminal justice in particular, and if possible, for uniting some of such elements in this region with the world. Moving forward, introducing mechanisms to address these institutional and systemic factors will assist in enhancing accountability in the justice sector.

3. Consistency with Global Standards: Since India became one of the major players in the world's arena, the country's legal systems must be consistent with the international norms that otherwise have no great significance in other countries where India plays no crucial role, for example, financial regulations, cybercrime laws, human rights treaties. The new codes were seen as a move to effect compliance with burdened treaties and commitments of the international community.[3]

Challenges and Concerns

1. Transitional and Implementation: The transitional phase from old legal codes to new ones seems to be a significant hurdle in such movements. Not just the judiciary but law professionals, policing, and even the citizens will have to be made aware of the new legal frameworks. Appropriate implementation is sure to be contingent upon training updated legal resources and various changing ways the judiciary functions.

2. Dilution of Rights: Though many of these amendments have been aimed at modernizing the legal system, a fear is there as to how in some cases new laws themselves, especially those related to national security and sedition may be a dilution of the rights of the individual. Critics argue that such need for clearer definitions and safeguards to prevent abuse is glaring by their absence.

3. Resistance to Change: There will be resistance to change every quarter including sections of the judiciary, legal professionals, and many other stakeholders due to the deep-rootedness of the system. Widespread acceptance of the new codes will require wide-open dialogue, awareness campaigns, and public consultation.[4]

Conclusion

This is a historic moment in the context of introducing new legal codes in India, a fittingly overdue overhaul of colonial-era legal frames, under which this country has been founded. And these are the best opportunities to bring modernity to the very system that is supposed to suit today's issues and, particularly, cybercrime, financial fraud, and the issue of victim-centricity that so much requires. The government comes forth with the promise of clearer definitions, simplified procedures, and pronouncement by technology. Judging processes are to be streamlined and access to justice is opened to a common citizen. These promises of faster trials, reduced backlog, and greater transparency in judicial processes are likely to make India's courts more efficient and responsive.

But while those who benefit are substantial, one cannot afford to forget the challenges of transition, implementation, and safeguarding individual rights. This transformation from the established laws that have ruled India for over a century to a new legal framework will be a gargantuan change. The judiciary, legal practitioners, law enforcement agencies, and the public will require some time to adjust to this change. Strong training programs, awareness creation, and application of technology will be very pivotal in ensuring that the law fraternity can easily transition through such a change.

It presents an opportunity to make the Indian judicial system comparable with the global standard while meeting the peculiar demands of a vibrant and ever-changing society. If implemented properly, it will bring a much-needed change in the Indian legal scenario by making it more effective towards the timely, fair, and accessible administration of justice. At the same time, even as they seek to modernize the system, they must ensure that modernization is balanced with the need to protect the rights and freedoms enshrined in the Constitution. In this light, India could establish a new benchmark for legal reform, not just for its purposes but also to be emulated by other countries with such entrenched legal legacies.[5]

References

[1] Wikipedia, 'Judiciary of India' (Wikipedia, 13 September 2024) https://en.wikipedia.org/wiki/Judiciary_of_India accessed 13 September 2024.

[2] The Hindu, 'As New Criminal Laws Take Effect from July 1, Legal Community Braces for Change' (The Hindu, 3 July 2024) https://www.thehindu.com/news/national/as-new-criminal-laws-take-effect-from-july-1-legal-community-braces-for-change/article68352331.ece accessed 13 September 2024.

[3] Deloitte, 'Three New Criminal Laws in India' (Deloitte, 2024) https://www2.deloitte.com/in/en/pages/finance/articles/three-new-criminal-laws-in-India.html accessed 13 September 2024.

[4] 4.The Hindu, 'New Criminal Justice Laws Signify Watershed Moment for Our Society' (The Hindu, 2024) https://www.thehindu.com/news/national/new-criminal-justice-laws-signify-watershed-moment-for-our-society-says-chief-justice-of-india-chandrachud/article68087186.ece accessed 13September 2024.

[5] The Economic Times, 'New Criminal Laws Enacted from Today: All You Need to Know' (The Economic Times, 2024) https://www.economictimes.com/news/how-to/new-criminal-laws-enacted-from-today-all-you-need-to-know-about-them/articleshow/111391637.cms accessed 13 September 2024.