The Madras High Court observed that the newly enacted criminal laws signify a constitutional transformation of India’s criminal justice system and mark a decisive departure from colonial-era legal frameworks. The Court stated that the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam collectively re-engineer the criminal justice process to make it more citizen-centric, victim-oriented, and aligned with constitutional values of fairness, accountability, and justice. According to the Court, these statutes are designed to correct long-standing structural deficiencies that allowed delay, uncertainty, and lack of accountability to persist in criminal investigations and trials.
The observations were made while dealing with a petition seeking directions to the police to complete an investigation in a murder case that had remained pending for a prolonged period. The Court noted that the new criminal procedure framework under the Bharatiya Nagarik Suraksha Sanhita imposes clear statutory timelines for the completion of investigations. It mandates that investigations in serious offences punishable with imprisonment of seven years or more should ordinarily be completed within ninety days, and in other cases within sixty days. These timelines, the Court held, are not merely advisory but form part of a statutory guarantee of procedural fairness.
The High Court emphasized that timely completion of investigation is a fundamental aspect of justice, benefiting both victims and accused persons. Prolonged investigations, the Court observed, undermine confidence in the criminal justice system and cause undue hardship to all parties involved. By introducing fixed timelines and accountability mechanisms, the new criminal laws aim to ensure that investigations do not linger indefinitely and that the criminal process functions as an effective instrument of justice rather than a source of prolonged distress.
The Court further noted that the Bharatiya Nagarik Suraksha Sanhita introduces mandatory obligations on investigating officers when investigations cannot be completed within the prescribed period. In such cases, the officer is required to record reasons for the delay in writing and inform the jurisdictional magistrate. The Court found that in the case before it, this statutory requirement had not been complied with, highlighting a failure to adhere to the procedural discipline envisioned by the new law.
According to the High Court, the new criminal statutes represent a conscious shift away from colonial models of criminal law that were primarily designed to maintain order and control. Instead, the current framework seeks to uphold constitutional principles by embedding fairness, transparency, and proportionality into every stage of the criminal process. The Court observed that the emphasis on accountability of investigating agencies reflects a broader constitutional commitment to protecting individual rights and ensuring that state power is exercised responsibly.
The judgment underscored that the reforms introduced by the new criminal laws are not merely cosmetic changes but reflect a deeper transformation in legal philosophy. The Court described the new framework as justice-oriented rather than authority-centric, noting that it places equal importance on the rights of victims and accused persons. By prescribing timelines, requiring justification for delays, and strengthening judicial oversight, the laws aim to balance efficiency with fairness.
In its directions, the Madras High Court ordered the investigating officer to complete the investigation and file the final report within a specified period. The Court reiterated that any further delay must strictly comply with the statutory requirement of recording reasons and informing the magistrate. It made clear that compliance with these provisions is mandatory and essential to give effect to the objectives of the new criminal justice framework.
The Court concluded that the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam collectively mark a significant constitutional shift in India’s criminal justice system. By prioritizing timeliness, accountability, and fairness, these laws seek to realign criminal procedure with constitutional values and strengthen public confidence in the administration of justice.
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