Starting Monday, July 1, three new criminal laws will take effect nationwide, significantly transforming India’s criminal justice system and replacing outdated colonial-era legislation.
These are three critical laws that will completely change the way India’s criminal justice system works. From registering an FIR electronically to the death penalty for mob lynching and even stricter punishment for gang rape, these laws bring in several changes to our criminal laws.
Background of the New Laws
In 2020, the Home Ministry formed a committee to recommend criminal reforms in India. A draft was introduced in Parliament in August 2023, and the bill was then sent to a parliamentary committee in December 2023. The final version of these laws was passed by both houses of Parliament during the winter session, the same session that saw a record number of MPs suspended.
These laws, which apply nationwide, carry significant implications. Notably, they were passed in Parliament without the presence of over 140 MPs. Critics argue that these codes did not receive the thorough debate that is expected in Parliament, as the primary role of the legislature is to create laws through a consultative process.
Key Changes in the Laws
Speaking about the laws, Home Minister Amit Shah said these laws have an updated and Indian framework of criminal laws compared to the colonial-era laws. So, what really changes now? For starters, the name itself. Until now, the criminal laws that were in place were the following: the Indian Penal Code of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872. Now, these three laws will be replaced by
Bhartiya Nyaya Sanhita 2023: The Nyaya Sanhita will have 358 sections compared to its predecessor, which had 511. Twenty new crimes have been defined and the extent of punishment has been enhanced in 33 crimes.
Bhartiya Nagar Suraksha Sanhita 2023: The Nagar Suraksha Sanhita will have 531 sections instead of 484 earlier, with two new chapters added
Bhartiya Sakshya 2023: The Sakshya law will have 170 sections compared to 166 previously, and 24 provisions have been amended.
Changes Effective from July 2024: What to Expect
To conclude, the new laws introduce several significant changes aimed at enhancing justice and security in India. Key points include:
Expanded Definition of Terrorism: The Bharatiya Nyaya Sanhita (BNS) now includes threats to economic security and monetary stability alongside acts against India’s unity, integrity, and sovereignty.
Mob Lynching: Hate crimes and mob lynching are now distinct offenses. Mob lynching, defined as a group of five or more people murdering someone based on race, caste, community, or belief, can lead to the death penalty.
Sedition Law Revisions: The offense of sedition has been removed. However, acts endangering India’s unity and integrity are penalized, with “raj droh” (acting against the government) changed to “desh droh” (acting against the country), carrying a maximum penalty of seven years in jail.
Stricter Punishments for Crimes Against Women: Life imprisonment and the death penalty can be given for raping a minor, and gang rape can result in 20 years to life imprisonment.
Victim Statement Protocols: Rape victims’ statements must be recorded by a female officer in the presence of a guardian or relative, and medical reports must be completed within seven days.
Expedited Judicial Processes: Criminal case judgments must be delivered within 45 days after the trial ends, and charges must be framed within 60 days of the first hearing. States must implement witness protection schemes.
Regular Case Updates for Victims: Victims of crimes against women are entitled to regular case updates within 90 days, and hospitals must provide free first aid and medical treatment to victims.
Access to Legal Documents: Both the accused and the victim must receive copies of legal documents within 14 days. Courts are limited to two adjournments to avoid delays.
Punishments for Misleading Promises of Marriage: New laws include punishments for abandoning women after making false promises of marriage.
Electronic Reporting and Zero FIR: Incidents can be reported electronically, and Zero FIR allows reports to be filed at any police station regardless of jurisdiction.
Community Service and Trial Timelines: Community service is introduced as a punishment. The Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates trials and judgments within 30 days of completing arguments. Video recording of statements from sexual assault victims is mandatory.
Mandatory Forensic Involvement: Forensic experts must visit crime scenes for serious offenses and collect evidence.
Rights of Arrested Individuals: Arrested individuals have the right to inform a person of their choice about their situation, and arrest details must be displayed prominently in police stations and district headquarters.
Inclusive Definition of Gender: The definition of “gender” now includes transgender people, promoting equality. For certain offenses, victim statements should be recorded by a woman magistrate when possible.
Electronic Records in Evidence: The Indian Evidence Act now includes electronic records, emails, and smartphones. All records, including case diaries, FIRs, charge sheets, and judgments, will be digitized.
Implementation Plan:
As law enforcement agencies across the country prepare for July 1, when the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) will come into effect, over 565,000 police, prison, forensic, judicial, and prosecution officials nationwide have been trained in the new criminal laws, according to sources familiar with the development.
Additionally, nearly 4 million grassroots-level functionaries have participated in webinars organized by various ministries to ensure that citizens are aware of the new laws and understand their impact.
The National Crime Records Bureau (NCRB) is providing technical assistance to states and Union territories to ensure a smooth transition to the new system. The Bureau has established 36 support teams and call centers to provide continuous review and support to states and Union territories during the implementation of the new criminal laws.
“The Ministry of Home Affairs (MHA) initiated various measures immediately after the new laws were notified to ensure effective implementation and raise awareness among all stakeholders, including police, prison officials, prosecutors, judicial personnel, forensic experts, and the public. Since the new criminal laws emphasize the use of technology in investigations, trials, and court proceedings, the NCRB has made 23 functional modifications to the existing Crime and Criminal Tracking Networks and Systems (CCTNS) application. It is also providing technical assistance to states and Union territories for a seamless transition to the new system,” said an unnamed officer.
The modifications in the criminal laws are crucial as they will drastically reform the functioning of the existing system. These comprehensive reforms aim to modernize the criminal justice system, enhance efficiency, and ensure justice for all citizens. Key changes include expanded definitions of terrorism, stricter punishments for crimes against women, and the introduction of electronic reporting and Zero FIR. By incorporating advanced technology and ensuring expedited judicial processes, the new laws strive to address long-standing issues such as delays in case hearings and inadequate victim support. Additionally, these reforms promote inclusivity by recognizing transgender individuals and mandating forensic involvement in serious offenses. The digitization of records and the provision of free medical treatment for victims signify a move towards a more transparent and supportive system.
While the implementation of these laws faced some criticism regarding the lack of parliamentary debate, the overarching goal is to create a more effective and responsive criminal justice system. As these changes take effect, we can hope for a system that better serves the needs of the populace, ensuring swifter justice and greater protection for all citizens.