The recent enactment of three new criminal laws in India marks a transformative shift in the country’s justice system. These laws, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), replace the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively. The reforms address contemporary social realities and modern crimes, aiming to provide a more efficient and just legal framework.
New Criminal Laws
From now on, all new First Information Reports (FIRs) will be registered under the BNS, while ongoing cases will continue under the previous laws until their conclusion. The new laws introduce several progressive provisions, such as Zero FIR, online police complaint registration, and electronic summons. This digital integration ensures swift legal proceedings and enhances accessibility.
One of the significant changes is the mandatory videography of crime scenes for all serious crimes, ensuring accurate and tamper-proof evidence collection. The laws also prioritize justice over mere penal action, as emphasized by Union Home Minister Amit Shah. He highlighted that these laws, crafted by Indians for Indians, signify the end of colonial-era legal frameworks, aiming to deliver justice that aligns with Indian ethos and constitutional ideals.
The new legal provisions mandate that judgments in criminal cases be delivered within 45 days post-trial and that charges be framed within 60 days of the first hearing. For cases of rape, the statement of the victim must be recorded by a female police officer in the presence of a guardian or relative, with medical reports required within seven days.
The legislation introduces clear definitions for organized crime and terrorism and replaces sedition with treason. It also mandates video recording of all search and seizure operations. A new chapter on crimes against women and children has been included, with severe penalties for heinous crimes such as gang rape of a minor, including life imprisonment or the death penalty.
The new laws consolidate overlapping sections, reducing the Indian Penal Code from 511 to 358 sections. Definitions previously scattered across various sections are now unified, streamlining the legal text. Specific provisions address contemporary issues like false promises of marriage, gang rape of minors, mob lynching, and chain snatching.
Under the new legal framework, electronic communication can be used to report crimes, eliminating the need for physical visits to police stations. This innovation facilitates prompt action and reporting. The introduction of Zero FIR allows FIRs to be filed at any police station, regardless of jurisdiction, expediting legal processes.
Upon arrest, individuals now have the right to inform someone of their choice about their situation, ensuring immediate support. Arrest details will be displayed prominently in police stations and district headquarters, providing easy access to information for families and friends.
Forensic experts are now required to visit crime scenes for serious offenses, strengthening the evidence collection process. Victims of crimes against women are entitled to regular updates on their cases within 90 days, enhancing transparency and trust in the legal system. Hospitals must provide free first aid or medical treatment to victims of crimes against women and children, ensuring immediate care during critical times.
Electronic service of summons expedites legal processes and reduces paperwork, ensuring efficient communication. Victim statements for certain offenses must be recorded by a woman magistrate whenever possible, fostering a supportive environment. Both accused and victims are entitled to receive copies of all relevant legal documents within 14 days, promoting fairness and transparency.
To prevent delays, courts can grant a maximum of two adjournments, ensuring timely justice. The new laws also mandate state governments to implement witness protection schemes, safeguarding witnesses and enhancing the credibility of legal proceedings. The inclusion of transgender individuals in the definition of “gender” promotes inclusivity and equality.
The digitization of legal proceedings offers convenience and efficiency, benefiting victims, witnesses, and the accused. To ensure transparency in rape investigations, victim statements will be recorded via audio-video means. Furthermore, women, minors, senior citizens, and those with disabilities or acute illnesses are exempt from attending police stations, with police assistance provided at their residence.
In summary, India’s new criminal laws represent a significant modernization of the legal system, prioritizing justice, transparency, and efficiency. These reforms aim to create a fairer and more accessible justice system, reflecting the evolving needs of contemporary society.