Ending colonial era laws from Monday, three new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Act (BSA) — will come into effect across the country, replacing the British era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.
The new laws will bring in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes.
The new laws in India marks a significant shift in priorities, placing crimes against women, children, and the nation at the forefront. This is in stark contrast to colonial era laws, where concerns like treason and treasury offenses outweighed the needs of ordinary citizens.
The Government has held regular meetings with States and Union Territories and they are fully geared up in terms of technology, capacity building and awareness generation to implement the new criminal laws.
BNS has 358 sections (instead of 511 sections in the IPC). A total of 20 new crimes have been added and the imprisonment sentence has been increased for 33 of them. The amount of the fine has been increased in 83 crimes and mandatory minimum punishment has
been introduced in 23 crimes. The penalty of community service has been introduced for six crimes and 19 sections have been repealed or removed from the bill.
BNSS has 531 sections (in place of 484 sections of CrPC). A total of 177 provisions have been changed in the bill, and nine new sections as well as 39 new sub-sections have been added to it. The new act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provision has been added at 35 places. A total of 14 sections have been repealed and removed. BSA has 170 provisions (instead of the original 167 provisions), and a total of 24 provisions have been changed.
The new laws have also prioritised the investigations for offences against women and children, ensuring timely completion within two months of recording information. In the new criminal laws, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence.
Summons can now be served electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.
According to the new laws, judgment in criminal cases has to come within 45 days of completion of trial and charges must be framed within 60 days of first hearing. Statement of rape victims will be recorded by a female police officer in presence of her guardian or relative and medical reports have to come within seven days.
Organised crimes and acts of terrorism have been defined, sedition has been replaced with treason and video recording of all search and seizure have been made mandatory. A new chapter on crimes against women and children has been added, buying and selling of any child has been made a heinous crime and there is a provision for death sentence or life imprisonment for gang rape of a minor. The offences against women and children, murder and offences against the State have been given precedence in the new law. Overlapping sections have been merged and simplified and will consist of only 358 sections against 511 in the Indian Penal Code.
For example, definitions scattered from sections 6 to 52 have been brought under one section. Eighteen sections already stand repealed and four relating to weights and measures are covered under the Legal Metrology Act, 2009. Instances of false promise of marriage, gang rape of minors, mob lynching, chain snatching, etc are reported but the current Indian Penal Code did not have specific provisions for dealing with such incidents.
These have been addressed in the Bharatiya Nyaya Sanhita. A new provision has been made for cases such as abandonment of women after making sexual relations on the false promise of marriage. The three laws were based on justice, transparency and fairness.
Under the new laws, a person can now report incidents by electronic communication, without the need to physically visit a police station. This allows for easier and quicker reporting, facilitating prompt action by the police. With the introduction of Zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction.
This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence. An interesting addition of the law is that in the event of an arrest, the individual has the right to inform a person of his choice about his or her situation. This will ensure immediate support and assistance to the arrested individual.
Besides, arrest details will now be prominently displayed within police stations and district headquarters, allowing families and friends of the arrested person easy access to important information. To strengthen cases and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence.
Under the new laws, victims of crime against women are entitled to regular updates on the progress of their case within 90 days. This provision keeps victims informed and involved in the legal process, enhancing transparency and trust. The new laws guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals.
This provision ensures immediate access to essential medical care, prioritising the wellbeing and recovery of victims during challenging times. Summonses can now be served electronically, expediting legal processes, reducing paperwork and ensuring efficient communication among all parties involved.
For certain offences against woman, statements of the victim are to be recorded, as far as practicable, by a woman magistrate and, in her absence, by a male magistrate in the presence of a woman to ensure sensitivity and fairness, creating a supportive environment for victims. Both the accused and the victim are entitled 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 case hearings, ensuring timely justice delivery. The new laws mandate all state governments to implement witness protection schemes to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings. The definition of “gender” now includes transgender individuals, promoting inclusivity and equality.
By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses and accused, thereby streamlining and expediting the entire legal process. To provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio-video means. Women, persons below 15 years, persons above 60 years and those with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.
