New Delhi, Three new criminal laws will come into force across the country from Monday, bringing widespread changes to India's criminal justice system and ending colonial-era laws.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam will replace the British-era Penal Code, Criminal Procedure Code and Indian Evidence Act respectively.
The new laws will bring in a modern justice system, incorporating provisions like Zero FIR, online registration of police complaints, summons through electronic modes like SMS and mandatory videography of crime scenes for all heinous crimes. They have tried to address some of current social realities and crimes and provide a mechanism to address them effectively, taking into account the ideals enshrined in the Constitution, official sources said.
Union Home Minister Amit Shah, who led the laws, said the new laws would give priority to providing justice, unlike the British-era laws that gave primacy to criminal action.
"These laws are made by Indians, for Indians and by an Indian parliament and mark the end of colonial criminal justice laws," he said. Shah said the laws were not just about changing nomenclature but about a complete overhaul.
"The soul, the body and the spirit" of the new laws are Indian, he said.
Justice is a general term covering both the victim and the culprit, the Home Minister said, adding that these new laws would ensure political, economic and social justice in an Indian spirit.Under the new laws, the sentencing in criminal cases must be issued within 45 days of the completion of the trial and charges must be filed within 60 days of the first hearing.
The statement of rape victims will be recorded by a policewoman in the presence of her guardian or her relative and the medical reports will have to arrive within seven days.
Organized crime and acts of terrorism have been defined, sedition has been replaced with treason, and video recording of all searches and seizures has been made mandatory. A new chapter has been added on crimes against women and children, the Buying and selling of any child has become a heinous crime and there is a provision for death penalty or life imprisonment for gang rape of a minor.
In the new law, priority has been given to crimes against women and children, murder and crimes against the State.
The overlapping sections have been merged and simplified and will consist of only 358 sections as against 511 in the Indian Penal Code, sources said. For example, the scattered definitions of sections 6 to 52 have been grouped into a single section. Eighteen articles are already repealed and four related to weights and measures are covered by the Legal Metrology Law of 2009.
Cases of false promises of marriage, gang rape of minors, mob lynching, chain snatching, etc. are reported, but the current Indian Penal Code had no specific provisions to address such incidents.
These have been addressed in the Bharatiya Nyaya Sanhita, sources said. A new provision has been adopted for cases like desertion of women after having sexual relations with false promise of marriage.
The three laws were based on justice, transparency and equity, sources said.
Under the new laws, a person can now report incidents through electronic communication, without the need to physically visit a police station. This allows for easier and quicker reporting, facilitating quick action by the police. With the introduction of Zero FIR, a person can lodge a First Information Report (FIR) at any police station, irrespective of its jurisdiction. .
This eliminates delays in the initiation of judicial proceedings and ensures immediate reporting of the crime.
An interesting addition of the law is that in case of arrest, the individual has the right to inform the person of his choice about his situation. This will ensure immediate support and assistance to the arrested individual.
Additionally, details of the arrest will now be prominently displayed at police stations and district headquarters, allowing family and friends of the arrested person to easily access important information.
To strengthen cases and investigations, it has become mandatory for forensic experts to visit crime scenes in case of serious crimes and collect evidence. Under the new laws, victims of crimes against women are entitled to receive regular updates on the progress of your case within a period of 90 days.
This provision keeps victims informed and involved in the legal process, improving transparency and trust.
The new laws guarantee free first aid or medical treatment to victims of crimes against women and children in all hospitals. This provision guarantees immediate access to essential medical care, prioritizing the well-being and recovery of victims in difficult times.
Subpoenas can now be delivered electronically, speeding up legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.
For certain crimes against women, the victim's statements should be recorded, to the extent possible, by a female magistrate and, in her absence, by a female magistrate in the presence of a woman to ensure sensitivity and fairness, creating a supportive environment. for victims.Both the accused and the victim have the right to receive copies of the FIR, police report, charge sheet, statements, confessions and other documents within 14 days.
Courts grant a maximum of two adjournments to avoid unnecessary delays in hearing cases, ensuring timely delivery of justice.
The new laws require all state governments to implement witness protection schemes to ensure the safety and cooperation of witnesses, improving the credibility and effectiveness of legal proceedings. The definition of "gender" now includes transgender people, which promotes inclusion and equality.
By conducting all court proceedings electronically, the new laws offer convenience to victims, witnesses and defendants, simplifying and streamlining the entire legal process.
To provide greater protection to the victim and make effective transparency in the investigation related to a crime of rape, the victim's statement will be recorded through audio and video means. Women, persons under 15 years of age, persons People over 60 years of age and people with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam will replace the British-era Penal Code, Criminal Procedure Code and Indian Evidence Act respectively.
The new laws will bring in a modern justice system, incorporating provisions like Zero FIR, online registration of police complaints, summons through electronic modes like SMS and mandatory videography of crime scenes for all heinous crimes. They have tried to address some of current social realities and crimes and provide a mechanism to address them effectively, taking into account the ideals enshrined in the Constitution, official sources said.
Union Home Minister Amit Shah, who led the laws, said the new laws would give priority to providing justice, unlike the British-era laws that gave primacy to criminal action.
"These laws are made by Indians, for Indians and by an Indian parliament and mark the end of colonial criminal justice laws," he said. Shah said the laws were not just about changing nomenclature but about a complete overhaul.
"The soul, the body and the spirit" of the new laws are Indian, he said.
Justice is a general term covering both the victim and the culprit, the Home Minister said, adding that these new laws would ensure political, economic and social justice in an Indian spirit.Under the new laws, the sentencing in criminal cases must be issued within 45 days of the completion of the trial and charges must be filed within 60 days of the first hearing.
The statement of rape victims will be recorded by a policewoman in the presence of her guardian or her relative and the medical reports will have to arrive within seven days.
Organized crime and acts of terrorism have been defined, sedition has been replaced with treason, and video recording of all searches and seizures has been made mandatory. A new chapter has been added on crimes against women and children, the Buying and selling of any child has become a heinous crime and there is a provision for death penalty or life imprisonment for gang rape of a minor.
In the new law, priority has been given to crimes against women and children, murder and crimes against the State.
The overlapping sections have been merged and simplified and will consist of only 358 sections as against 511 in the Indian Penal Code, sources said. For example, the scattered definitions of sections 6 to 52 have been grouped into a single section. Eighteen articles are already repealed and four related to weights and measures are covered by the Legal Metrology Law of 2009.
Cases of false promises of marriage, gang rape of minors, mob lynching, chain snatching, etc. are reported, but the current Indian Penal Code had no specific provisions to address such incidents.
These have been addressed in the Bharatiya Nyaya Sanhita, sources said. A new provision has been adopted for cases like desertion of women after having sexual relations with false promise of marriage.
The three laws were based on justice, transparency and equity, sources said.
Under the new laws, a person can now report incidents through electronic communication, without the need to physically visit a police station. This allows for easier and quicker reporting, facilitating quick action by the police. With the introduction of Zero FIR, a person can lodge a First Information Report (FIR) at any police station, irrespective of its jurisdiction. .
This eliminates delays in the initiation of judicial proceedings and ensures immediate reporting of the crime.
An interesting addition of the law is that in case of arrest, the individual has the right to inform the person of his choice about his situation. This will ensure immediate support and assistance to the arrested individual.
Additionally, details of the arrest will now be prominently displayed at police stations and district headquarters, allowing family and friends of the arrested person to easily access important information.
To strengthen cases and investigations, it has become mandatory for forensic experts to visit crime scenes in case of serious crimes and collect evidence. Under the new laws, victims of crimes against women are entitled to receive regular updates on the progress of your case within a period of 90 days.
This provision keeps victims informed and involved in the legal process, improving transparency and trust.
The new laws guarantee free first aid or medical treatment to victims of crimes against women and children in all hospitals. This provision guarantees immediate access to essential medical care, prioritizing the well-being and recovery of victims in difficult times.
Subpoenas can now be delivered electronically, speeding up legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.
For certain crimes against women, the victim's statements should be recorded, to the extent possible, by a female magistrate and, in her absence, by a female magistrate in the presence of a woman to ensure sensitivity and fairness, creating a supportive environment. for victims.Both the accused and the victim have the right to receive copies of the FIR, police report, charge sheet, statements, confessions and other documents within 14 days.
Courts grant a maximum of two adjournments to avoid unnecessary delays in hearing cases, ensuring timely delivery of justice.
The new laws require all state governments to implement witness protection schemes to ensure the safety and cooperation of witnesses, improving the credibility and effectiveness of legal proceedings. The definition of "gender" now includes transgender people, which promotes inclusion and equality.
By conducting all court proceedings electronically, the new laws offer convenience to victims, witnesses and defendants, simplifying and streamlining the entire legal process.
To provide greater protection to the victim and make effective transparency in the investigation related to a crime of rape, the victim's statement will be recorded through audio and video means. Women, persons under 15 years of age, persons People over 60 years of age and people with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.
