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Traditionally, explains, Tanya Ganguli (LinkedIn), Principal Associate, Law Offices of Panag & Babu, India’s criminal law framework revolved around the Indian Penal Code, The Code of Criminal Procedure and the Indian Evidence Act, two of which dated back to the 19th century. That changed with the passage of three new laws: the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023.
Together they seek to bring criminal law into the 21st century and build off of long-established precedents. They are designed, she reports, to address loopholes, enhance efficiency and ensure justice.
The laws are now more victim centric, but may not be too transformative, according to Tanya, for most compliance and ethics programs. Nonetheless, there are changes. New rules for searches and seizures will likely require updated training on dawn raids. Summons can now be delivered electronically. There is much greater need to digitize and consolidate records. Having the right tone at the top will be more important than ever.
However, the change is likely to come relatively slowly with many aspects of the law expected to be implemented in stages.
So keep your eye on the horizon in India, and be sure to listen to this discussion.
Also, don’t miss the first ever SCCE Basic Compliance & Ethics Academy in India.