Bombay High Court Chief Justice On Enforcement Of New Criminal Laws: Teething Problems Bound To Occur But Robust Judicial System Will Meet All Challenges

The Chief Justice Devendra Kumar Upadhyaya of the Bombay High Court recently expressed confidence in the robustness of the judicial system to meet challenges in implementing the three new criminal laws, which have come into force on July 01, 2024.

The Chief Justice Devendra Kumar Upadhyaya stated that, it is not only a challenge to the judiciary, but also to the investigating agencies, to the public prosecutors, to the lawyers community, everyone.

Justice Upadhyaya states that, I am confident that we have such a robust judicial system in place that we will be able to meet all the challenges. Though the teething troubles are bound to happen in the new criminal laws.

The Chief Justice Devendra Kumar Upadhyaya was addressing a conference organized dated June 30, 2024 by the Ministry of Law and Justice, titled ‘India’s Progressive Path in the Administration of Criminal Justice System’ in Mumbai.

The Chief Justice Devendra Kumar Upadhyaya stated that the new criminal laws should be welcomed with a changed mindset.

Justice Upadhyaya stated that, we need to welcome the three new laws with a changed mindset to come out of our comfort zones so that its implementation can be ensured effectively and for the purpose for which these laws have been enacted.’

The Code of Criminal Procedure, 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita, BNSS. The India Penal Code, 1860 has been replaced by Bharatiya Nyaya Sanhita, BNS and the Evidence Act, 1872 has been replaced by Bharatiya Sakshya Adhiniyam, BSA respectively.

Justice Upadhyaya said that the nomenclature change from ‘Dand i.e., punishment Sanhita’ to ‘Nyaya i.e., justice Sanhita’ which reflects a paradigm shift in thinking about the criminal justice system.

Justice Upadhyaya also outlined the role of the higher judiciary in the implementation of the three new criminal laws.