The Madras High Court has strongly endorsed the three newly implemented criminal laws, describing them as a transformative shift from colonial-era statutes to a justice-oriented framework designed for citizens. The court made these observations while directing the police to swiftly conclude a pending murder investigation.
New Laws Herald a Constitutional Transformation
Justice L Victoria Gowri, presiding over the case in Madurai, stated that the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023 represent a fundamental change in India's criminal justice system. She emphasized that for the first time since Independence, the criminal process has been consciously re-engineered.
"These laws are in stark contrast to the colonial enactments, which were historically designed to subserve the interests of an imperial administration and to control its subjects," Justice Gowri remarked. She noted that the new codes prioritize timeliness, transparency, accountability, and proportionality, firmly recognizing that delay amounts to a denial of justice.
Court Directs Police on Delayed Murder Probe
The court's comments came during the disposal of a petition filed by Pushpavalli alias Pushbam. The petitioner sought a directive for the Kalayarkovil police in Sivaganga district to file a final report in a murder case. The crime occurred on January 8, 2024, and the First Information Report (FIR) was registered on January 11, 2024.
Earlier, in July 2024, the court had instructed the Sivaganga District Superintendent of Police to form a special team, monitor the investigation, and ensure the culprits were apprehended. However, Justice Gowri noted that the investigation had not been completed even after the lapse of the period mandated under the new law.
Strict Timelines Under BNSS Emphasized
Justice Gowri specifically highlighted Section 193 of the BNSS, 2023, which codifies strict timelines for investigations. The provision mandates that for offences punishable with imprisonment of seven years or more, investigation must ordinarily be completed within 90 days. For all other offences, the timeline is 60 days.
"The BNSS ensures that the investigating agency cannot indefinitely keep the sword of uncertainty hanging over the head of an accused or allow victims to languish without closure," the judge stated. She pointed out that in the present case, no material was placed before the court to show that the reasons for the delay were recorded in writing or intimated to the jurisdictional magistrate as required under Section 193(3) of the BNSS.
"Such unexplained delay defeats the very purpose of the reformed statutory architecture, which mandates expeditious investigation so that the criminal process becomes an instrument of justice rather than a prolonged ordeal," Justice Gowri asserted.
A Shift from Punitive to Justice-Centric Framework
In her concluding remarks, Justice Victoria Gowri directed the police to complete the investigation and file a final report before the jurisdictional court within four weeks. She reiterated that the BNSS embodies a shift from a punitive colonial framework to a justice-centric democratic one.
"Timely investigation is the first guarantee of fairness to both victim and accused. This court expects diligent adherence to statutory timelines by the investigating agency," she observed, underscoring the court's commitment to ensuring the new laws deliver on their promise of swift and transparent justice.
