Three new criminal laws came into effect from Monday (July 1) across the country, bringing significant reforms to the country's criminal justice system and replacing colonial-era legislation. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam replaced the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively. These changes are said to mark a move towards a more modern and efficient justice system in India.
The new laws introduce several progressive measures aimed at streamlining legal procedures and enhancing the efficiency of law enforcement. One of the notable provisions is the introduction of Zero FIR, which allows individuals to file a First Information Report (FIR) at any police station, irrespective of the location where the crime occurred. This aims to eliminate jurisdictional barriers that often delay the registration of complaints. In addition, the new laws facilitate the online registration of police complaints, making it easier for citizens to report crimes without the need to visit a police station physically. This digital approach extends to the issuance of summonses, which can now be sent through electronic modes such as SMS, ensuring faster and more reliable communication.
Moreover, the mandatory videography of crime scenes for all heinous crimes is a significant step towards improving the integrity of evidence collection. This measure is expected to enhance transparency and accountability in the investigation process, thereby strengthening the overall criminal justice system. These comprehensive reforms highlight the Indian government's commitment to modernising the country's legal framework, moving away from outdated colonial laws, and embracing contemporary practices to better serve justice.
New criminal laws: Here are 10 key points
- It is no longer necessary to visit a police station to report an incident, instead, people can now report incidents through electronic communication. The implementation of Zero FIR also enables people to file a First Information Report at any police station, irrespective of the jurisdiction.
- The new law now removes sedition as an offence. Instead, there is a new offence for acts jeopardising the sovereignty, unity and integrity of India. 'Rajdroh' has been changed as 'deshdroh'. Summonses can now be served electronically, streamlining legal processes, minimising paperwork, and enhancing efficient communication among all parties involved.
- An arrested individual has the right to notify a person of their choice about their situation to ensure they receive prompt support. Additionally, arrest details will be prominently displayed in police stations and district headquarters, making them easily accessible to families and friends.
- Judgments in criminal cases must be delivered within 45 days following the conclusion of the trial. Charges must be framed within 60 days of the first hearing. All state governments are now required to implement witness protection schemes to ensure the safety and cooperation of witnesses.
- Both the accused and the victim have the right to receive copies of the FIR, police report, charge sheet, statements, confessions, and other related documents within 14 days. To prevent unnecessary delays in case hearings, courts are permitted a maximum of two adjournments.
- Statements from rape victims will be taken by a female police officer in the presence of the victim's guardian or relative. Medical reports have to be now completed within seven days.
- A recent legal amendment addresses crimes against women and children, terming the purchase or sale of a child as a heinous offence with harsh punishments. Additionally, gang rape involving a minor may lead to either a death sentence or life imprisonment.
- The new law now imposes penalties for instances where women are abandoned after being deceived by false promises of marriage. The offences against women and children, murder and offences against the State have been given precedence in the new law.
- To strengthen cases and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence. Under the new laws, victims of crime against women are entitled to regular updates on the progress of their case within 90 days.
- The maximum sentence for "Hit and Run" is ten years in jail. However, there will be less punishment if the culprit takes the victim to the hospital or police after the accident. The definition of "gender" now includes transgender individuals, promoting inclusivity and equality.
Parliament passed new criminal bills last year
It is pertinent to mention here that the three new criminal laws were passed by the Indian Parliament on December 21, 2023, which received Presidential assent on December 25, 2023, and were published in the official gazette on the same day. The Ministry of Home Affairs notified in February that the three laws shall come into force on July 1, 2024. As the new criminal laws are set to be implemented from July 1, all 17,500 police stations across the country will hold special events to inform women, youth, students, senior citizens, and eminent personalities about the key features of these laws.
