India's new criminal laws replace colonial-era codes, enhancing justice with faster trials, witness protections, and updated definitions of crimes.
India introduced three new criminal laws on Monday, replacing the longstanding British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, thereby instigating significant reforms in the country’s criminal justice system.
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) reflect contemporary societal realities and address modern-day crimes. They introduce innovations like Zero FIR, online registration of police complaints, electronic summonses via SMS, and mandatory videography of crime scenes for serious offenses.
Union Home Minister Amit Shah, the driving force behind these laws, emphasized their focus on justice delivery over mere penal actions, contrasting with the colonial-era laws. He underscored that these laws are crafted by Indians, for Indians, marking a decisive shift from colonial criminal justice norms.
Here are the main reforms introduced under the new laws.
1. Under the new laws, criminal cases must conclude with a judgment within 45 days of trial completion, and charges must be framed within 60 days of the first hearing. Witness protection schemes are mandatory for all state governments to ensure the safety and cooperation of witnesses.
2. Rape victims' statements will be recorded by a female police officer in the presence of their guardian or relative. Medical reports need to be finalized within a seven-day timeframe.
3. The new laws define organized crimes and acts of terrorism, replacing sedition with treason. Video recording of all searches and seizures is now compulsory. Section 113 of the revised Bill aligns the definition of terrorism with Section 15 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). However, the new law expands the definition of terrorist acts to include activities related to counterfeit Indian currency and materials beyond what is covered in the UAPA.
4. A new section focusing on crimes against women and children has been introduced. The trafficking of children is now classified as a heinous crime, and the law includes provisions for a death sentence or life imprisonment for gang rape involving minors.
5. The new law treats mob lynching as equivalent to murder. Previously, under the IPC, those involved in mob-related murders were prosecuted under Section 302 for murder.
6. According to the updated laws, individuals can now report incidents electronically, eliminating the need to physically visit a police station. This streamlines the reporting process, ensuring swift police response. The introduction of Zero FIR allows for filing an FIR at any police station, irrespective of jurisdiction, ensuring immediate legal action without delays. Additionally, individuals arrested under the law have the right to inform a chosen person about their situation, ensuring prompt support and assistance.
7. The revised Bill introduces a new provision defining "cruelty" against a woman by her husband and his relatives, punishable by up to three years in jail. Section 86 now defines cruelty as (a) deliberate conduct likely to drive a woman to suicide or cause serious harm to her life, body, or mental health; or (b) harassment to coerce her or her relatives into meeting unlawful demands for property or security.
8. Victims of crimes against women must receive regular updates on their cases within 90 days. All hospitals are mandated to provide free first-aid or medical treatment to victims of crimes against women and children.
9. Clause 69 introduces a new provision criminalizing sexual intercourse under deceitful means. Individuals engaging in sexual relations through deceit, such as false promises of employment or marriage without intent to fulfill them, may face imprisonment of up to 10 years and fines.
10. Another significant amendment is the inclusion of "snatching" as a separate offense under Clause 304(1). It distinguishes snatching from theft by focusing on the sudden or forcible seizure of property, carrying a punishment of up to three years in prison.
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