So, in India, there are three new criminal laws that kicked in on July 1, 2024. They’re called the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023.
The British-era Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act have been replaced by these three laws. The new law is going to register all FIRs now. So, the old criminal law is still going to handle cases that were filed before July 1st, right up until they’re all wrapped up.
The Committee for Reforms in Criminal Laws, which was responsible for creating new criminal laws, only met 12 times over three years.
It would have been great if there had been some real conversations about these bills with everyone involved from all over the country. The committee really should have met up all over the country to listen to lawyers, citizens, victims, witnesses, the accused, activists, and so on. The committee failed to include all stakeholders.
This clearly indicates a lack of investigation. However, the government did not pay attention to many of the recommendations of the committee.
Let’s take a look at the main points of the new criminal law:
Filing a FIR Online:
So, with the new laws in place, if someone wants to file a FIR, they won’t have to head over to the police station anymore. You can now file your FIR right from the comfort of your home!
We can just use electronic communication for this task now. If you can’t make it to the police station to file a FIR, no worries! You can just hop onto their website and file a complaint there.
When you’re filing the FIR, make sure to include all the important details about what happened. Could you share your name, address, the time of the incident, and any details you have? If you happen to have any photos or videos about the incident, sharing those with the police can really help them take action quickly.
Quick Justice:
The new code tackles the ongoing problem of delayed justice by introducing a bunch of measures aimed at speeding up trials. There are stricter timelines now for wrapping up investigations and trials, plus they’ve set up fast-track courts to deal with serious offenses more efficiently. The law sets up summary trials for minor offenses, which helps keep the judicial system from getting too crowded and speeds up how quickly justice is served.
So, courts have to give their verdict within 45 days after the trial wraps up, and they need to outline the charges within 60 days of the first hearing. Courts shall make sure to announce the mandatory judgment within 30 days after the hearing wraps up.
The new laws focus on looking into crimes against women and children, ensuring that these investigations wrap up within two months of when the complaint is filed.
Videography is a Must:
Videography is a must during search and seizure operations. The court’s going to get this info electronically. The court has mandated that the e-Praman app should be used for recording video or audio evidence.
Let’s Talk About Electronic Summons:
Sending summons via SMS makes legal processes faster, cuts down on paperwork, and helps keep everyone in the loop.
Mandatory Forensic Evidence:
For any crimes that could lead to more than seven years of punishment, forensic teams are required to check out the crime scenes. They’re going to roll out mobile FSL at the district level.
Making the collection of forensic evidence mandatory is a key move for the Indian justice system. It’s not just about boosting the investigation process; it’s also about catching criminals and making sure justice is served.
It’s really important to provide documents for both the accused and the victim:
Both the accused and the victim can request the FIR, charge sheet, statement, confession, and other documents within 14 days.
Sharing Details about an Arrest:
If someone gets arrested, they have the right to let anyone they want know about it. Police stations and district headquarters will make the arrest details easy to see. The police need to let the family of the detained person know in writing. The police need to share information in both offline and online ways.
Exception from Visiting Police Station:
So, just to clarify, women, individuals under 15, those over 60, and anyone dealing with disabilities or serious health issues won’t need to come to the police station. They can reach out for police help right at home.
Punishment for Gang Rape:
Gang rape can lead to serious consequences, with punishments ranging from 20 years to life in prison. The consequences for raping a minor can include the death penalty.
Online Statements of Victim & Witness:
The police are going to record the victim’s statement using audio and video to make sure everything is secure. It’s really important to have videography when recording the statements of victims of sexual crimes. There’s really no need for anyone to head to court or a police station to give their testimony.
Community Service:
When someone gets arrested for a minor crime, they often have to do community service as part of their punishment. In some Western countries like the UK, US, and Australia, community service sentencing is quite common.
New Crimes Added:
The new law covers things like organized crime, terrorist acts, and mob lynching, along with some other new offenses. The new criminal law includes cases like false promises of marriage, rape of a minor, lynching, and snatching, among others. ‘Sexuality’ now encompasses transgender individuals.
What’s the reason behind the introduction of the new criminal laws? What do you think might be the challenges, controversies, and concerns?
To Modernize the Criminal Justice System:
The new laws are all about updating the criminal justice system to keep up with the times and tackle new types of crime that are popping up. So, the new laws are shaking things up a bit! They’re making it a must to record crime scenes on video, letting people register FIRs online, and even sending out electronic summons through email, WhatsApp, and SMS. It’s all about making the system work better and be more transparent.
At the same time, keeping all the huge amounts of data on CCTNS, e-court, e-forensic, e-prison, and e-prosecution safe on cloud servers is going to be quite a challenge. One of the main hurdles in rolling out the new criminal justice system is going to be ensuring that access to greater internet connectivity.
People are really worried about the need for clear guidelines and safeguards to stop the misuse of artificial intelligence and other advanced technologies in the criminal justice system.
We need to focus on training and equipping police and lawyers with the right skills. It’s important to strike a balance between the old and new legal provisions, especially when section numbers have been updated. Plus, we should make sure that new laws are applied consistently across all states and union territories. Sure, there are a few administrative hurdles to get over when it comes to putting the new law into action.
Focusing on Justice Instead of Punishment:
The new laws are changing things up by moving away from a “punitive” approach and leaning towards a “reformative” one. The goal here is to deliver speedy justice instead of just handing out punishments. The new laws require that a verdict is reached within 45 days after the hearing wraps up, and charges need to be framed within 60 days of the initial hearing.
So, the new criminal laws could really focus on justice instead of just punishment and help update the criminal justice system. But how well they work out, how they’re put into action, and whether they can tackle issues like the backlog of cases and resource shortages in the judiciary will really decide how effective they are.
We need to tackle the gaps in the current laws:
The new laws bring in measures to tackle some serious issues like gang rape, lynching, and false promises of marriage. They require the use of forensic experts and videography to make sure evidence isn’t tampered with.
The Indian Penal Code got rid of its old Section 377, which was about male rape.
The new laws kind of leave things open to interpretation when it comes to certain crimes, like ‘cybercrimes with serious consequences’ and ‘acts threatening sovereignty’.
Some legal experts are raising concerns about how transparent the five-member expert committee was while drafting these laws. It seemed like the process wasn’t very clear, which made people worry about how the committee was working.
Making things Easier and Getting Justice Faster:
Governments can change current laws to make legal processes simpler and improve everyday life for regular people. We’re aiming to make justice faster and more efficient.
How well these reforms work really hinges on how they’re put into action and how we tackle the different challenges that have come up.
Protecting the rights of citizens, victims, and those accused is essential.
They focus on making sure citizens’ rights are protected, particularly for crime victims. This includes things like victim compensation and assistance, witness protection programs, and keeping law enforcement transparent.
Still, there are worries about the unclear descriptions of certain crimes and the broader powers given to police, which might open the door to misuse and infringe on civil liberties.
What is your opinion about New Criminal Laws? You May Comment!
Thanks for taking the time to read!
