New Delhi: Union Home minister Amit Shah announced on Monday that justice would be delivered up to the level of the Supreme Court within three years of registering a First Information Report (FIR) under the newly implemented criminal laws.
During a press conference marking the enactment of the new criminal laws, Shah expressed optimism about a significant reduction in crime, with a 90 per cent conviction rate expected under the new legal framework.
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) came into effect on Monday, replacing the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.
Responding to a question about the uncertainty surrounding which laws would apply to pending cases, Shah clarified: “Crimes committed before July 1, 2024, will be prosecuted under the old laws. Crimes committed after that date will be prosecuted under the new laws.” He added that it might take three to four years to fully implement all the laws and their technological upgrades.
He emphasised that the new laws would usher in the most modern criminal justice system globally, incorporating provisions such as Zero FIR, online registration of police complaints, electronic summonses, and mandatory videography of crime scenes for heinous crimes.
Shah stressed that the new laws prioritise justice over penal action, making crime reporting easier through e-FIRs, Zero FIRs, and electronic or digital evidence.
He noted that the judicial process would now be time-bound, with new laws setting deadlines to eliminate long delays. For instance, 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.
The new statutes include a chapter on crimes against children and women, mandating that inquiry reports in such cases be filed within seven days.
Shah pointed out that the new laws promote a justice-centric approach, including community service for minor crimes, and define organized crime, acts of terrorism, and mob lynching. Sedition has been replaced with treason, and video recording of all searches and seizures is now mandatory.
Appealing to Opposition parties to avoid politicising the new code, which replaces the British-era penal statutes, Shah stated that India now has the most modern criminal justice system in the world.
While the BJP hailed the new criminal laws as a symbol of India’s progress and resilience, positioning the country for a more just and secure future, senior Congress leader P Chidambaram criticised the move as another example of “bulldozing” existing laws and replacing them with new bills without sufficient discussion and debate.
Shah rejected the Opposition’s criticism of the new laws as draconian and repressive, stating that the laws are modern, protect victims’ rights, and hold police accountable. He dismissed the Opposition’s arguments as parochial and misleading, noting that the laws were passed after debates in both Houses and scrutinised by a parliamentary committee. Shah mentioned that most suggestions from opposition members were accepted, except those with political motivations.
“I am ready to meet anyone who wants to discuss the new laws. We will review them if necessary. But please do not politicise this issue,” he said in response to questions about opposition protests.In a Hindi post on X, Congress president Mallikarjun Kharge accused Prime Minister Modi and the BJP of pretending to respect the Constitution while forcibly passing the new laws after suspending 146 MPs. He vowed that the INDIA coalition would not allow such “bulldozer justice” to prevail in the parliamentary system.
A section of lawyers at the Calcutta High Court and district courts in West Bengal abstained from judicial work in protest against the new criminal laws, as called by the state’s Bar Council.
The new laws have elicited mixed reactions from legal experts, with some praising them as a significant step towards modernising the criminal justice system, while others criticised them as draconian and cosmetic.
A chapter on crimes against women and children has been added, making the buying and selling of any child a heinous crime and including provisions for the death sentence or life imprisonment for gang rape of a minor. New provisions address abandonment of women after false promises of marriage, and statements of rape victims must be recorded by a female police officer in the presence of a guardian.Officials noted that overlapping sections were merged and simplified, reducing the number of sections from 511 in the Indian Penal Code to 358. Definitions scattered across multiple sections were consolidated, and 18 sections were repealed. Four sections related to weights and measures were covered under the Legal Metrology Act, 2009.
The new laws also address crimes such as false promises of marriage, gang rape of minors, mob lynching, and chain snatching, which were not adequately covered under the Indian Penal Code.
According to officials, the new laws are based on principles of justice, transparency, and fairness, allowing incidents to be reported electronically without needing to visit a police station physically. This facilitates quicker reporting and prompt police action.
With the introduction of Zero FIR, individuals can file an FIR at any police station, regardless of jurisdiction, ensuring immediate reporting and swift legal proceedings.