As the new criminal laws came into force on Monday amid apprehensions, Home Minister Amit Shah allayed fears regarding them asserting that the new laws have ended the era of British laws in India, converting the criminal justice system into ‘completely Swadeshi’.

The new law prioritises the provisions of justice in contrast to the colonial-era law that focused primarily on penal action, the Home Minister claimed.

“Instead of ‘dand’, it is now ‘nyay’; instead of delay, there will be speedy trial and speedy justice. Earlier, only the rights of the police were protected but now, rights of victims and complainants will be protected too,” Shah said. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) came into effect on Monday.

The new laws have replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

Addressing a Press conference in the Parliament premises, Shah said, “First of all, I would like to congratulate the people of the country that about 77 years after Independence, our criminal justice system is becoming completely ‘Swadeshi’.

“This will function on Indian ethos. After 75 years, these laws were contemplated upon and as these laws have gone into effect from today, colonial laws stand scrapped, and laws made in the Indian Parliament are being brought into practice,” he said.

The Home Minister said justice would be delivered up to the level of the Supreme Court in all cases within three years of the registration of an FIR under the new criminal laws.

“The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summons served through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes,” he said.

He said the new statutes were made more sensitive by adding a chapter on crimes against children and women and the inquiry report in such cases were to be filed within seven days. Shah said, according to the new laws, judgment in criminal cases had to be delivered within 45 days of completion of trial and charges must be framed within 60 days of first hearing.

The Home Minister said the laws would be applicable to cases occurring on or after July 1, 2024. Shah said the first case under the new laws was about a motorcycle theft registered in Madhya Pradesh’s Gwalior at 10 minutes past midnight.

He also said the police dismissed the case filed against a street vendor for selling water and tobacco products from a cart that allegedly obstructed a public way in central Delhi’s Kamala Market after an investigation.

Setting aside apprehensions regarding the new criminal laws, Shah said that new laws do not give more powers to police and remand period will remain only 15 days.

“In the first-60 day period, police can take custody for 15 days any time,” he said, adding that in the next 3/4 years, the entire system would get an uplift.

Shah also said the issue of bringing sexual crimes against men will be discussed since a Supreme Court verdict has mentioned this.

On terrorism, Shah said it has been defined separately in the BNS “as we have a zero-terror policy”.

“There are some instances,” he recalled, “where conspiracies are hatched outside the country as was a bomb blast which occurred when he was Gujarat Home Minster. “All conspirators walked free as terror was not defined.”

Shah also rejected amid protests Opposition’s criticism that the new criminal laws were a “cut, copy, paste” job and were rushed through without adequate discussion or debate.

He said misinformation was being spread in this regard. “We have been consulting on the new laws for four years. I have attended 118 consultative meetings. And in Parliament, there was a 9.29-hour debate in the Lok Sabha, 6.7-hour in Rajya Sabha on the new laws...34 members in Lok Sabha and 26 in Rajya Sabha participated [in the debate],” Shah said

The Home Minister said organised crime, acts of terrorism and mob lynching had been defined, sedition was replaced with treason and video recording of all search and seizures made mandatory.

“A new provision has been added for the cases where physical relations have been established after giving false promise of marriage and statement of rape victims will be recorded by a woman police officer in presence of her guardian,” he said.