Lok Sabha Question No. 2069 (UNSTARRED), answered on 2025-03-11
Subject: Fair Justice under New Criminal Laws
Ministry: HOME AFFAIRS
Asked by: Shri Shankar Lalwani

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2069

TO BE ANSWERED ON THE 11 TH  MARCH, 2025/ PHALGUNA 20, 1946 (SAKA) FAIR JUSTICE UNDER NEW CRIMINAL LAWS

†2069.     SHRI SHANKAR LALWANI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  provisions  made  in  the  new  criminal  law  for  fast  track  judicial procedure; and

(b)  the  reasons  behind  replacement  of  Indian  Penal  Code  with  Bhartiya Nyaya Sanhita?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR)

(a)  &  (b):  The  Law  Commission  of  India  in  its  various  Reports  had recommended  section-specific  amendments  in  the  criminal  laws.  Also, Committees like Bezbaruah Committee, Vishwanathan Committee, Malimath Committee, Madhawa Menon Committee, etc. made recommendations  for  section-specific  amendments  in  the  criminal  laws and general reforms in criminal justice system.

The Department-related Parliamentary Standing Committee on Home Affairs,  in  its  111 th (2005),  128th (2006)  and  146th (2010)  Reports, recommended for a comprehensive review of  the Criminal Justice System

of  the  country  by  introducing  a  comprehensive  legislation  in  Parliament rather than bringing about piece-meal amendments in respective Acts.

Accordingly,  the  Ministry  of  Home  Affairs  had  undertaken  the comprehensive review of criminal laws i.e. the Indian Penal Code, 1860, the  Code  of  Criminal  Procedure,  1973  and  the  Indian  Evidence  Act, 1872 with a view to provide accessible and affordable justice to all and create  a  legal  structure  which  is  citizen  centric.  The  above  three  Acts have been repealed and replaced by three new laws namely,the Bharatiya Nyaya  Sanhita  (BNS),  2023,  the  Bharatiya  Nagarika  Suraksha  Sanhita (BNSS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023 respectively.

Details of provisions relating to fast track judicial procedure in the new laws are as follows:-

- i. Faster and Fair Resolution:  The new laws promise a faster and fair resolution of cases, instilling confidence in the legal system. Crucial stages  of  investigation  and  trial  like  -  preliminary  enquiry  (to  be completed  in  14  days),  further  investigation  (to  be  completed  in  90 days), supply of document to the victim and accused (within 14 days),

commitment  of  a  case  for  trial  (within  90  days),  filing  of  discharge applications  (within  60  days),  framing  of  charges  (within  60  days), pronouncement  of  judgment  (within  45  days)  and  filing  of  mercy petitions  (30  days  before  Governor  and  60  days  before  President)  have  been  streamlined  and  to  be  completed  within  stipulated  time period.

- ii. Fast-Track Investigations: The new laws prioritized the investigations for offences against women and children, ensuring timely completion within two months of recording information.
- iii. Limited Adjournments: Courts can grant a maximum  of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery.

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