A Closer Look at the New Criminal Laws Taking Effect

Starting today, the three new criminal laws will be implemented nationwide, replacing the colonial era legislations. The three new laws i.e., the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will replace the old Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.

Lets, take a quick look at the key changes that will be brought into effect.

Key Points of The New Criminal Laws-

• More Victim Centric– The victim statements must now be recorded online. There are provisions that registration of FIR can be done from any police station and electronically as well. Then the introduction of Zero FIR will allow victims to file FIR regardless of jurisdiction. It will now be mandatory to do videography of heinous crime scenes.
• Moreover, the judgements in criminal cases are now required to be delivered within 45 days of the trial’s completion. The new laws clearly states that the charges must also be framed within 60 days of the first hearing. Furthermore, it states that all the state governments are required to implement the witness protection schemes. These laws enables both the accused and the victim to receive copies of the FIR report and other documents within 14 days. Then to prevent delays they provide provision of maximum two adjournments in court hearings.
• More women Centric- A separate chapter is dedicated to women and children. From now on, the statements of rape victims will be recorded by a female police officer under the presence of a victim’s guardian. All the medical reports must be completed within a span of 7 days. The punishment for gangrape of a minor girl is life imprisonment or death penalty. It will now be a punishable offence to engage in sexual intercourse under the guise of marriage/employment promises. There are stringent penalties for child trafficking. The new laws have also increased the threshold limit for the victim to be classified as a major from 16 to 18 years in case of gangrapes.

Other Key Points-

• Replaced Sedition with Treason– Sedition is no more an offence. Rather, there is a new criminal charge for actions that jeopardize India’s integrity, unity, and sovereignty. Any act that encourages separatist sentiments, incites armed rebellion, secession, or jeopardizes India’s sovereignty, unity, or integrity will be punishable. Home Minister Shri Amit Shah had said that the Modi government is a government run according to the spirit of the Constitution and if anyone does anything against the country then he will definitely be punished.
• Forensic Investigation- In all offences carrying a sentence of 7 years or more the forensics investigation is made mandatory. FSU’s and forensic labs will be established in all states.
• Trial in Absentia- The new laws contain provisions to try absconders in court and their properties inside and in other countries will be seized.
• Technological Upgradations- From police investigations to court proceedings everything will be computerised. It allows E-statements, E- recordings and E- appearances in the court.
• Mob Lynching– has been defined for the first time and the accused will be trialed. There is a provision of 7 years of imprisonment and in case of permanent disability it is 10 years imprisonment/life imprisonment.
• Terrorism has been defined for the first time. The accused will now be trialed with death penalty or life imprisonment for all terrorist acts.
• Organised Crimes– All illegal crimes such as dacoity, kidnapping extortion, robbery and prostitution etc. will be considered as organised crimes.
• Under Clause 103, it recognises murder on the ground of race, caste or community as a separate offence.

Towards Amrit Kal-

Last but not the least, transgenders are now included under the definition of “gender,” and the colonial era words like “Idiot”, “Insane”, “Queen” and “British India” etc. have been removed. These laws mark our stepping into the Amrit Kal which is more inclusive and where laws will be more victim centric. However, this is just a first step, as more Judicial and police reforms are to be followed, before we truly become an independent country, both mentally and politically.