Text of laws changed but criminal justice administration awaits reforms: former chief of panel  

G.S. Bajpai discusses challenges in implementing new criminal laws, emphasizing need for judicial system reforms and realistic expectations.

The text of the three criminal laws may have been changed but the real test lies with reforms of the criminal justice administration and expecting the new laws to function from the first day is not feasible, said G.S. Bajpai, who headed the first committee set up by the Union Ministry of Home Affairs (MHA) in 2020 to examine the laws.

Mr. Bajpai told The Hindu that the lower judiciary was stressed and there was huge pendency of cases, and it was unrealistic to expect that the new laws would function immediately.

“The Indian Penal Code evolved in more than 100 years till it was scrapped in 2023. Expecting these laws to kick off from first day is not feasible, and the effects of their implementation will be known in 6-12 months,” Mr. Bajpai said, adding that 70% text of the old laws had been retained in the new laws.

According to the National Judicial Data Grid, as on Tuesday, there were 3.4 crore cases pending in district courts across India, out of which nearly 1 crore cases were pending for more than a year.

From July 1, the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code, 1860; the Bharatiya Sakshya (BS) replaced the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure, 1898. The laws were passed by the Parliament last year.

Mr. Bajpai said he had written to the Law Ministry to constitute a National Implementation Committee to enable sharing of information and challenges pertaining to the new laws as they were implemented.

“A dashboard can be created where all stakeholders can upload the challenges and issues being faced during implementation of the laws,” he said.