3 New Criminal Laws Take Effect Across India From Today: EXPLAINED

3 new criminal laws take effect across india from today: explained

New Delhi: Three new criminal laws will come into effect nationwide in India starting Monday, namely the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. These laws will replace the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.

The newly implemented laws aim to modernise the system by introducing features like Zero FIR, online police complaint registration, electronic summonses via SMS, and mandatory videography of crime scenes for serious offences. They also aim to tackle the contemporary social issues and crimes effectively while upholding constitutional ideals, sources told news agency PTI.

Union Home Minister Amit Shah, who piloted these laws, stated that they prioritise delivering justice, unlike the British-era laws which focused primarily on penal measures. “These laws are made by Indians, for Indians and by an Indian Parliament and marks the end of colonial criminal justice laws,” he said.

Shah added that the laws are not merely about renaming existing ones but about completely transforming them. "Soul, body and spirit" of the new laws is Indian, he said.

EXPLAINED: The New Criminal Laws

Under the new laws, criminal judgments must be delivered within 45 days after the trial concludes, and charges must be framed within 60 days of the initial hearing. Rape victims' statements will be recorded by female police officers in the presence of their guardians or relatives, and medical reports must be obtained within seven days.

The laws define organised crimes and acts of terrorism, replacing sedition with treason, and mandate video recording for all search and seizure operations.

The new laws include a chapter on crimes against women and children, making buying and selling any child a heinous crime. They also introduce provisions for death sentence or life imprisonment for gang rape of a minor. Offences involving women, children, murder, and those against the State are prioritised under the new laws.

Instances such as false promises of marriage, gang rape of minors, mob lynching, and chain snatching have been reported without specific provisions in the current Indian Penal Code to address them. These issues are now addressed in the Bharatiya Nyaya Sanhita, as per PTI.

The new laws also introduce provisions for cases like the abandonment of women after engaging in sexual relations under false promises of marriage. Notably, the three laws are designed with principles of justice, transparency, and fairness, the report said.

Under the new laws, people can now report incidents through electronic communication, eliminating the requirement to visit a police station physically. This streamlined process enables quicker reporting and allows quick police action.

The introduction of Zero FIR allows individuals to file a First Information Report (FIR) at any police station, irrespective of jurisdiction. This initiative aims to reduce delays in starting legal proceedings and ensures immediate reporting of offences.

A notable addition to the law is that people have the right, upon arrest, to inform a person of their choice about their situation, ensuring immediate support and assistance. Further, details of arrests will now be displayed at police stations and district headquarters, allowing easy access to information for families and friends of the arrested person.

To improve the strength of cases and investigations, forensic experts are now required to visit crime scenes for serious offences and gather evidence systematically.

Under the new laws, victims of crimes against women are entitled to receive regular updates on their case’s progress within 90 days, ensuring they are kept informed and involved in the legal process, thereby enhancing transparency and trust.

Further, the laws guarantee free first-aid or medical treatment for victims of crimes against women and children at all hospitals, ensuring immediate access to essential medical care and prioritising their well-being and recovery during difficult times.

Now, summonses can be delivered electronically, reducing paperwork and speeding up procedures. For crimes against women, victim statements will be recorded by a woman magistrate whenever possible, ensuring fairness and sensitivity. Both the accused and the victim are guaranteed copies of essential documents within 14 days, including the FIR and charge sheet.

Courts are limited to two adjournments to prevent unnecessary delays in justice delivery. State governments are required to implement witness protection schemes to ensure safety and cooperation.

The definition of "gender" now includes transgender individuals, promoting inclusivity. Legal proceedings are conducted electronically for convenience and efficiency. Victim statements in rape cases are recorded using audio-video means to enhance protection and transparency.

Notably, women, minors, seniors, and individuals with disabilities or illnesses can receive police assistance at their residences and are exempted from visiting police stations.

(With inputs from PTI)