The jurisprudential role of the BNS, BNSS, and BSA in Co-establishing a speedy and impartial trial

Abstract

For than 160 years the criminal justice system in the Indian subcontinent was limited by three colonial laws created by the British Crown. These laws were the Indian Penal Code (IPC) of 1860 the Code of Criminal Procedure (CrPC) of 1898 (which was updated in 1973) and the Indian Evidence Act of 1872. These laws were written during a time when the British ruled the land. They were made by people like Thomas Babington Macaulay. These laws were designed to keep control stop people from being free and make sure the government had power than individuals. As years went on and the 21st century arrived this system became impossible to use because of many cases waiting to be handled. The old rules did not have ways to deal with kinds of crimes. These crimes include things like money frauds on the web, cyber-terrorism that crosses borders stealing identities, groups that do bad things together and hiding money through digital currencies.

The system got stuck because of rules, unclear words and long delays. This made the legal process itself feel like a punishment, without a trial. Millions of people who had not been found guilty ended up in prisons for years without a decision. The system needed a change. It needed to become something that listens to victims uses technology and protects the rights of people.