New Delhi: Starting Monday, three new criminal laws will come into effect across India, bringing significant changes to the country's criminal justice system and ending colonial-era legislation.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam will replace the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.
These new laws aim to modernise the justice system with provisions such as Zero FIR, online registration of police complaints, electronic summonses, and mandatory videography of crime scenes for all heinous crimes.
According to official sources, the new laws address contemporary social realities and crimes while aligning with the ideals enshrined in the Constitution.
Union Home Minister Amit Shah, who introduced the laws, stated that the new legislation prioritises justice over penal action, in contrast to the colonial laws.
"These laws are made by Indians, for Indians, and by an Indian Parliament, marking the end of colonial criminal justice laws," Shah said.
He emphasised that the changes are not merely cosmetic but represent a comprehensive overhaul. The "soul, body, and spirit" of the new laws are distinctly Indian, he added.
Justice encompasses both the victim and the accused, Shah explained, and the new laws aim to ensure political, economic, and social justice with an Indian ethos.
Under the new laws, judgments in criminal cases must be delivered within 45 days of trial completion, and charges must be framed within 60 days of the first hearing.
Statements of rape victims will be recorded by a female police officer in the presence of a guardian or relative, and medical reports must be completed within seven days.
Organised crimes and acts of terrorism are now clearly defined, sedition has been replaced with treason, and video recording of all searches and seizures is mandatory.
A new chapter on crimes against women and children has been added, making the buying and selling of any child a heinous crime, with provisions for the death penalty or life imprisonment for gang rape of a minor.
Offences against women and children, murder, and offences against the state have been prioritised in the new law.
Redundant sections have been merged and simplified, reducing the number of sections from 511 in the Indian Penal Code to 358. For example, definitions previously scattered across sections 6 to 52 are now consolidated into one section. Eighteen sections have been repealed, and four relating to weights and measures are now covered under the Legal Metrology Act, 2009.
New provisions address issues like false promises of marriage, gang rape of minors, mob lynching, and chain snatching, which were not adequately covered by the old Indian Penal Code.
A new provision addresses the abandonment of women after making sexual relations under a false promise of marriage.
The new laws are based on principles of justice, transparency, and fairness, according to official sources.
Electronic reporting of incidents is now possible, eliminating the need to visit a police station physically and allowing for quicker action by the police.
With the introduction of Zero FIR, a First Information Report (FIR) can be filed at any police station, regardless of jurisdiction, ensuring immediate reporting of offences.
In the event of an arrest, individuals have the right to inform a person of their choice about their situation, ensuring immediate support. Arrest details will also be prominently displayed in police stations and district headquarters.
To strengthen investigations, forensic experts must visit crime scenes for serious offences and collect evidence.
Victims of crimes against women are entitled to regular updates on their case’s progress within 90 days, enhancing transparency and trust.
The new laws guarantee free first-aid or medical treatment for victims of crimes against women and children at all hospitals, ensuring immediate access to essential care. Electronic summonses will expedite legal processes, reduce paperwork, and ensure efficient communication among all parties involved.
For certain offences against women, victim statements should be recorded by a woman magistrate or, in her absence, by a male magistrate in the presence of a woman, ensuring sensitivity and fairness. Both the accused and the victim are entitled to receive copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. Courts will grant a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice.
All state governments are now mandated to implement witness protection schemes to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings. The definition of “gender” now includes transgender individuals, promoting inclusivity and equality.
By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses, and the accused, streamlining and expediting the legal process.
To provide more protection to victims and ensure transparency in rape investigations, victim statements will be recorded through audio-video means.
Women, individuals under 15 or over 60 years old, and those with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.