Time-bound justice, Shah bets on new criminal laws

NEW DELHI: New criminal laws will ensure justice in three years, said Union Home Minister Amit Shah in a freewheeling interview with Daily Thanthi group. Here are the excerpts...

Q:As a Home Minister you have initiated a revolution in the criminal justice system by replacing the colonial criminal laws with new ones. How are these laws going to change the way justice is delivered?

Amit Shah (AS): First of all, all three new laws are Indian laws, they are based on Indian ethos reflecting our traditional value system. During the colonial era, these laws were replaced to meet the purpose of maintaining foreign rule in our country. The goal of these laws was punishing and not delivering justice. The priority list should be preventing crimes like murders and assaults. But in the colonial laws, these were never the priorities. The crimes, adjudication of which gained priority in those laws were severing the railway lines, looting of treasury assault on government officials, and treason. Crime as grave as murder was placed in section 302.

Q: How are these new laws different from the earlier laws when it comes to securing the rights of women and children?

AS: As many as 35 sections are dedicated to focus and secure the rights of women and children. Moreover, detailed timelines have been added making justice time-bound and the provision of stringent punishment has been made through extensive and rigorous changes.

Q:How do the three new laws will ensure speedy delivery of justice?

AS: I must mention that after full implementation of this law, justice will be ensured within 3 years in all the courts and timelines framed. For instance, FIR should be registered within 3 days of receiving an electronic complaint, the medical investigation report has to be given within 7 days in the cases of rape. Within 60 days of the first hearing, charges will have to be framed. So the entire process will be time bound and there will be hardly any scope for delaying justice.

Q: Has any changes been brought to the bail procedure and what is in the new law for the protection of witness?

AS: We have decided that the first-time offender would be cleared after serving one-third of the sentence duration. Then they would not have to do any formality, it would be the responsibility of the jailor to get the bail done. A lot of jails would be unburdened by this. The Supreme Court had made a scheme for witness protection but there was no provision for this in the law. Now we have ascertained that every state would modify its witness-protection scheme under this act. We have also instructed the states to provide a provision and funds for the expenditure of the witnesses under the witness protection scheme. The new laws provide for online deposition and that would take care of half of the fear as they would not have to attend court. Summons can now be delivered on WhatsApp and digital technology will be used to speed up the judicial process.

Q: How does the provision for the Director of Prosecution help in the delivery of justice?

AS: There is a provision for the Director of Prosecution which would control corruption. Soon there would be a system of directors of prosecution in the states and the districts, who will monitor the prosecution as well. So, if it is believed that there is sabotage, then the complainant would move the state government for an appeal.