Chief Justice DY Chandrachud Discusses “Ideological Framework” Of New Criminal Laws

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will replace the Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872, respectively. Criminal law plays a crucial role in shaping a nation’s moral compass.

The core principle justifying its substantive provisions is the age-old harm principle, often summarized by the saying, ‘Your right to swing your arms ends just where the other man’s nose begins.’ Moreover, procedural law ensures that no one is charged or convicted without due process of law, from initiating the criminal process to the conviction for the commission of the offense.

During the Conference on India’s Progressive Path in the Administration of the Criminal Justice System, Chief Justice Chandrachud emphasized the ever-evolving nature of laws and their implementation. He stressed the importance of embracing positive changes to meet the current societal needs, acknowledging that the implementation of new criminal laws may reveal loopholes and areas that require addressing.

In his address, Chief Justice Chandrachud highlighted the need for an analysis of justice-oriented frameworks with a civil liberty-centric approach that balances the interests of both victims and the accused. He also expressed concerns about addressing delays in witness examination, conclusion of trials, prison overcrowding, and the issue of undertrial prisoners.

The 248th Report of the Standing Committee of the Rajya Sabha noted the struggle of the Indian criminal justice system to keep pace with technological changes and the emergence of new-age crimes. These developments have presented challenges in the investigation of crimes, admission of evidence, prosecution, and delivery of justice.

Chief Justice Chandrachud referred to a quote by Justice Oliver Wendell Holmes, emphasizing the need for laws to serve society’s goals, stating that the new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, 2023—replace the earlier criminal laws and will come into effect on July 1. The conference aimed to highlight the key aspects of the three criminal laws and facilitate meaningful interactions through technical and question-and-answer sessions.

It involved participation from judges of various courts, advocates, academicians, representatives of law enforcement agencies, police officials, public prosecutors, district administration officials, and law students.