Bharat finally decloses his criminal laws

In 2014, a priority in the Guardian (British Newspaper) stimulated to think about it explained that with the victory of the NDA government led by the BJP “Great Britain finally left India”. This statement was more than just a figurative expression; It highlighted the significant shift of the Bharat trajectory and moved from the colonial heritage to a self -defined path. An important milestone on this trip is the implementation of national education policy 2020, which change Bharat's education system and reduce the disadvantages of the Macaulay formation system from the colonial period. Another Crucial Step Towards Decolonization is the Introduction of New Criminal Laws, Namely- Bharatiya Nyaya Sanhita, 2023 (Replacing Indian Penal Code, 1860), Bharatiya Nagarik Suraksha Sanhita, 2023 (Replacing Code of Criminal Procedure, 1973) and Bharatiya Sakhya adhiniyam, 2023 (Replacing Indian Evidence Akt, 1872). The implementation of these laws from July 2024 is indeed an important milestone on Bharat's journey to decolonization. For decades, the country's legal system has been ruled by laws from the colonial period, and these laws were also followed after 1947 when Bharat received independence from the British. These laws have been criticized for being outdated and not with the values, morality and customs of our nation. In contrast to the abolished criminal laws, the new criminal laws were carefully collected by the Bharatiya Parliament, taking into account the proposals from the people and academics of the country.

The British colonization of Bharat's criminal justice system was a deliberate and systematic process that converted the traditional Indian system into a colonial framework in a western style. The British had taken several steps for the colonization of Bharat's criminal judicial system. How – they have enacted and enforced several laws, including the Indian Criminal Code, 1860 and the criminal proceedings, 1898, which were based on British criminal laws and procedures; They also founded various dishes that were modeled after British dishes and British judges were appointed to guide these courts that often had no or little knowledge of Indian customs and laws. Apart from this, the British created a police according to Indian Police Act from 1861, which was only loyal to the colonial government and was used to suppress Indian dissent and to maintain British control over Bharat. Instead of taking over the principles and guidelines of Nyayshastra (written by Rishi Gautam), manusmriti, Indian customs and laws, western legal principles and teachings were imposed and followed by the courts in Bharat. The turmoil law (in accordance with Section 124a of IPC, 1860) was widely used by the British colonial authorities to suppress dissent and to silence our freedom fighters. Many prominent leaders, including Lala Lajpat Rai, Bal Gangadhar Tilak, Mahatma Gandhi and Bhagat Singh, were charged on highly. The British also used the defamation laws (sections 499-502 of IPC, 1860) to aim for freedom fighters who criticized colonial rule or British civil servants. Dislimitation cases were submitted against those who wrote articles, gave speeches or publish materials that were critically viewed by the British decision.

Unfortunately, among other things, the turmoil and the defamation law will continue to be applied against individuals and groups, even after Bharat has achieved independence in 1947. In fact, many of these laws were retained and even strengthened in the colonial period of consecutive governments of Bharat in order to suppress dissent, to silence critics and maintain power. Only in recent years has there been a growing movement to cancel or reform these laws, their potential for abuse and the need to protect freedom of expression and expression in the democratic Bharat. In response to this, the Union government has taken a significant step to fulfill the unfinished 1947 agenda by issuing new criminal laws that want to complete the independence of Bharat from British colonial rule. This step goes beyond mere political sovereignty and aims to free the nation from the colonial thinking and outdated laws used to suppress dissent. These laws maintain relevant provisions from the previous laws, while they carefully change or replace oppressive and outdated provisions in order to better meet the Indian conditions and social needs. BNS, 2023, recognizes and punishes several new crimes as a separate crime (such as lynches, organized crimes). Section 124a of IPC, 1860 punishment charge (RajdroH) was canceled and the new law in accordance with Section 152 of the BNS punishment Act endangered sovereignty, unity and integrity of India (deshdroh). In order to ensure quick justice, the time -bound procedure for examining, submitting charges, legal proceedings and declaration of the judgment was required. Bharatiya Sakhya adhiniyam, 2023, recognize the widespread use of digital devices among the general masses and has recognized electronic evidence. This future -oriented step aims to modernize the Bharat's evidence law, keep pace with technological progress and to improve the overall efficiency of the judicial system. The recognition of electronic evidence according to the new law is an important milestone on Bharat's journey towards a more modern, more efficient and technically experienced judicial system.

The newly enacted laws, in particular the Bharatiya Nyaya Sanhita, 2023, mark a significant change in the focus of punishment (dand) to justice (Nyaya). This emphasis on justice about punishment reflects a more advanced and more humane approach for the criminal justice system. The new law aims to prioritize rehabilitation from retaliation, to focus on restorative justice and to improve the overall effectiveness of the judicial system. This remarkable change is a welcome change because it recognizes that the main goal of the judicial system should consist of delivering justice instead of only punishing criminals. This emphasis on justice over punishment is an important step to create a fair, fair and compassionate society.

The new laws have recognized the crucial role of victims in the criminal justice system, which was limited in the lifted codes. These laws give the victim the right to be informed about the fall developments, to participate in the examination and the procedure in order to apply for compensation and reimbursement and to access advice, medical and social support. By recognizing the role of the victims, the new law relocates the focus of exclusively punishment of criminals to the support of victims and ensures that the voices of the victims are heard and their rights are protected. This advanced step recognizes the importance of the central justice of the victims and paves the way for a more compassionate and integrative criminal justice system.

Bharatiya Nyaya Sanhita, 2023, has recognized the importance of participation in the company in the judicial delivery system. This step will reduce the burden of Bharat's overcrowded prisons and promote a more reformal approach of justice. This significant step in relation to the discharge of prisons and the concentration on rehabilitation over the punishment also promotes a more integrative and effective judicial system.

In this way, with the adoption of these three criminal laws, Bharat has taken a decisive step in order to free itself from colonial legacies, to reconcile laws with contemporary social realities and to strengthen the rule of law and the effective mechanism for judicial employment. The success of these laws depends on their effective implementation, which requires concerted efforts by everyone involved, including the government, the judiciary, law enforcement authorities and civil society. However, it is regrettable that some people, especially from the southern part of Bharat, submitted Pils to change the Hindi names of these three criminal laws. One of the arguments that a peters' walt was in front of the Kerala High Court in his Pil was that the nomenclature in Hindi and Sanskrit of the new criminal law would cause confusion, ambiguity and difficulties for the legal community of non-Hindi and non-Sanskrit speakers. Indeed, it can be seen discouraging that even after 75 years of independence, when we as a proud Bharatiya “Aazadi Ka Amrit Mahotsav” celebrate and work on the decolonization of the criminal judiciary, the debate about Hindi and English continues. If it is not ironic that Bharat's well-trained legal brotherhood is very familiar when it comes to speaking big and difficult English words, but they have difficulty pronouncing the Hindi names of the new criminal laws. It is certainly ironic that many in the Indian legal brotherhood feel with the pronunciation of Latin maxims such as “Herren Rea”, “Actus Rea”, “Actus Non -Face Reum Nisi Men Sit Rea”, but find it difficult to express simple Hindi names of the newly issued criminal law. This underlines the persistent effects of colonialism on the legal system of Bharat and the preference of Western influences towards indigenous languages ​​and traditions. While the process of decolonization of the criminal justice system is undergoing, it is just as important to recognize this bias at the same time and to question in order to promote a more integrative and culturally sensitive approach to law and justice in Bharat.