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Reform of criminal laws in India: Potential impact on the criminal justice system and forensic investigation
Nandini Chitara1, Rakesh Meena1,2, Ankita Guleria1
1Department of Anthropology, Panjab University, Sector-14, Chandigarh, India.
Abstract:
Although India gained independence in 1947, its laws, namely the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973 and the Indian Evidence Act (IEA) of 1872, were still in use. These criminal laws were primarily inherited from the statutes that were established during the colonial period. These laws were framed according to the crimes and legal needs of that time. Moreover, the 21st century is an era of artificial intelligence, thus the emergence of digital/cybercrimes. Therefore, many of these laws become outdated and ineffective in addressing and solving the contemporary challenges and crimes. Consequently, there was an immediate need to reform the criminal laws in India to address the contemporary challenges and social values that can stand with technological advancements. Addressing these issues in the Indian justice system, the Government of India implemented the three new laws on 1st July 2024, namely the Bharatiya Nyaya Sanhita (replaces the IPC); the Bharatiya Nagrik Suraksha Sanhita (replaces the CrPC) and the Bharatiya Sakshya Adhiniyam (replaces the IEA). The primary aim of these laws is to modernize and streamline the Indian criminal justice system with scientific, forensic and technological advancements and align with the laws of developed countries. The communication explores the objective, application and associated potential challenges of these new laws. It also seeks to explore the provisions of the new laws to find out their possible impact on the Criminal Justice System of India.
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