India welcomed three new criminal laws on Monday, replacing the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, and bringing far-reaching changes in the country’s criminal justice system.
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) take into consideration some of the current social realities and modern-day crimes, 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.
From Monday, all fresh FIRs will be registered under BNS. However, cases filed earlier will continue to be tried under the old laws till their final disposal.
Union Home Minister Amit Shah, who piloted the laws, had said they would give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action. “These laws are made by Indians, for Indians, and by an Indian Parliament and marks the end of colonial criminal justice laws,” he had said in December last year.
Here’s a look at the major changes under the new laws:
- 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. All state governments must implement witness protection schemes to ensure the safety and cooperation of witnesses.
- The statement of rape victims will be recorded by a woman 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 seizures made mandatory. As per Section 113 of the revised Bill, the definition of the crime of terrorism has been modified to entirely adopt the existing definition under Section 15 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). However, the new definition of a terrorist act differs from the UAPA’s definition in one respect — while UAPA includes the production or smuggling or circulation only of high-quality counterfeit Indian paper currency, coin or of any other material within the ambit of terrorism, the new law widens this definition to cover the same activities with respect to any counterfeit Indian paper currency, coin or of any other material.
- A new chapter on crimes against women and children has been added, buying and selling of any child made a heinous crime and there is a provision for death sentence or life imprisonment for gang rape of a minor.
- Another addition to the revised Bill is that it proposes to define “cruelty” against a woman by her husband and his relatives, which is punishable with a jail term of up to three years. The newly inserted section 86 defines ‘cruelty’ as (a) wilful conduct likely to drive a woman to commit suicide or cause grave injury or danger to the life, limb, or health (whether mental or physical); or (b) harassment of a woman to coerce her or any person related to her to meet any unlawful demand for property or valuable security.
- The new law penalises mob lynching at par with murder. Since IPC did not provide a separate provision for murder by a mob, the accused in such cases were tried and punished under Section 302 (murder).
- 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 in 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.
- Victims of crimes against women are entitled to receive regular updates on their cases within 90 days. All hospitals are required to provide free first-aid or medical treatment to victims of crimes against women and children.
- Another significant addition is the recognition of “snatching” as a distinct offense in Clause 304(1), distinguishing it from theft by emphasising sudden or forcible seizure of property, punishable by up to three years in prison.
- Clause 69, which criminalises sexual intercourse under “deceitful means”, is considered yet another significant step. According to the provision, individuals who engage in sexual relations by deceit, such as false promises of employment or marriage without intention to fulfill them, could face imprisonment of up to 10 years, accompanied by fines.
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