Chief Justice Upadhyaya Calls for Embracing New Criminal Laws

Chief Justice Devendra Kumar Upadhyaya emphasized the need to adopt newly enacted criminal laws with an updated mindset, despite the natural human tendency to resist change. Speaking at a Ministry of Law and Justice event, he highlighted the importance of effective implementation and cooperation among all stakeholders for a successful transition.

Chief Justice Devendra Kumar Upadhyaya emphasized on Sunday the necessity of adopting newly enacted criminal laws with a mindset open to change, despite the inherent human resistance to unfamiliarity.

Speaking at the 'India's Progressive Path in the Administration of Criminal Justice System' event organized by the Ministry of Law and Justice, CJ Upadhyaya stressed the critical role of effective implementation.

He urged all responsible for delivering justice under the new legal framework to embrace their roles responsibly, starting from July 1. 'It is our natural tendency to resist change or remain within our comfort zones, driven by a fear of the unknown,' CJ Upadhyaya said.

From Monday, three new criminal laws, including the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, will replace the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.

'We have been dealing with the criminal justice system using outdated laws for more than a century. While new laws come with challenges, we must accept them with an updated mindset to ensure their effective implementation,' he added.

The Ministry of Law and Justice's event aimed to raise awareness and facilitate discussions among stakeholders about the newly enacted criminal laws.

CJ Upadhyaya asserted that successful implementation requires all stakeholders to collaborate effectively and work in tandem.

'The new criminal laws aim to reduce judicial delays and enhance the use of information technology,' he said, acknowledging the initial teething troubles as part of the transitional phase.

'Post-transition, our new criminal laws regime will demand significant preparedness from all stakeholders,' he noted, reinforcing that implementation challenges extend beyond the judiciary. The Bombay HC Chief Justice expressed his confidence in the judicial system's robustness to meet these challenges.

'A concerted effort from all concerned is essential for the new laws' effective implementation, as envisaged and enacted by Parliament,' CJ Upadhyaya remarked. He highlighted that law evolution responds to judicial interpretation, societal dynamics, and conflict resolution needs.

Union Minister of State for Law & Justice Arjun Ram Meghwal highlighted the transformative nature of the new criminal laws, aimed at prioritizing justice over punishment, unlike colonial legislations. He emphasized that extensive consultations with various stakeholders, recommendations from the Law Commission of India, and inputs from citizens were integral to the drafting of these laws, ensuring they address contemporary challenges in administering criminal justice.

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