A new era in India’s Criminal Justice System has begun with the enactment of the New Criminal Laws, 2023, i.e, Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023, on 25th December, 2023. The old laws, instead of giving priority to action against homicide and abuse of women, priority was given to the safety of the British crown. The purpose of the three new major Acts is to give justice, not punishment. For the first time, through these three criminal major laws with the Indian soul, our criminal judicial system will be governed by India, for India and the system created by the Indian Parliament.
The new criminal laws will come into force from 1st July, 2024. After the implementation of these laws, right from the FIR to the court judgement, the entire process will be online and India will become a country with the highest usage of modern technology in its criminal justice system.These laws will ensure that the trend of tareekh-pe-tareekh (giving date after date) is over and a judicial system will be established in the country which will give justice within three years.
New Criminal Laws: Highlights
Justice on Time
Fixed Time Frame: Our effort will be to deliver justice within 3 years.
Freedom from the cycle of date after date.
Timeline in 35 sections.
Registration of FIR within 3 days of filing complaint electronically.
Submission of investigation report within 7 days in cases of sexual harassment.
Framing of charges within 60 days of the first hearing.
Filing of case within 90 days in cases of absence of proclaimed offenders.
Judgement within 45 days of conclusion of hearing in criminal cases.
New criminal laws are justice-centric, not punishment-centric
Community punishment: In petty cases.
As per Indian Philosophy of Law.
Provision of community service for thefts valued at less than 5000 rupees.
Community service in 6 offences.
Crimes against women and children
Priority has been shifted to crimes against women and children from the loot of treasures.
A new chapter on ‘Crimes against Women and Children’ in the BNS.
There are about 35 sections related to crimes against women and children, among which approximately 13 are new provisions and the rest include some amendments.
Gang rape: 20 years imprisonment/life imprisonment.
Gang rape of a minor: Death penalty/life imprisonment.
False promises/concealing identity for sexual relations is now a crime.
Recording the statement of the victim in the presence of a female officer at her residence.
Recording of the victim’s statement in the presence of her guardians.
Action against proclaimed offenders
Proclaimed Offender: Penalty of 10 years or more/life imprisonment/death penalty for the guilty.
Provision to make arrangements with other countries to confiscate assets of proclaimed offenders.
Trial in absentia
Provision to try absconders in court.
Provision to seize properties inside India and other nations.
Use of technology
We need to create the world’s most modern justice system.
Accommodate all possible technological changes and innovations to come up in the next 50 years.
Computerization: From police investigations to court proceedings.
E-records: Zero FIR, E-FIR, and charge sheets will be digital.
The victim will be provided information within 90 days.
Forensics made mandatory in cases with a penalty of 7 years or more.
Recording of testimonies: Provision to record testimonies in the investigation process.
Videography mandatory: Videography of the entire police search process.
E-statement: E-statement of rape victims.
Audio-video recordings will be presented in the court.
E-appearance: Witnesses, the accused, experts, and victims may appear in court virtually.
Directorate of prosecution
Several decisions made to eradicate corruption from the justice process.
Provision for Director of Prosecution at both state and district levels.
At the district level, there will be three categories of Director of Prosecution:
Director of Prosecution
Deputy Director of Prosecution
Assistant Director of Prosecution
Assistant Director: To cases with sentences of less than 7 years.
Promotion of forensics
Mandatory Forensics: In all offences carrying a sentence of 7 years or more.
Promotion of scientific methods in investigations.
Aim to increase conviction rates to 90%.
Forensics made mandatory in all states/union territories.
Infrastructure in all states/union territories to be ready within 5 years.
Initiating FSUs in states for manpower.
Establishing labs in various places to strengthen forensic infrastructure.
Provisions related to judges
A uniform justice system throughout the country.
Swift justice along with better coordination in the judicial process.
Elimination of Third Category Judicial Magistrates, Metropolitan Magistrates, and Assistant Session Judges.
Now, there will be four types of judicial officers:
Second Class Judicial Magistrate
First Class Judicial Magistrate
Session Judge
Executive Magistrate
Judgement within 30 days after the conclusion of the argument.
Mob lynching
Mob lynching defined for the first time.
Murder/Serious injury induced by caste/ethnicity/community, gender, place of birth, language, etc. mob lynching.
Provision of 7 years of imprisonment.
Permanent disability – 10 years imprisonment/life imprisonment.
Organised Crimes
New provision on organized crimes.
Illegal activities of syndicates are now punishable.
Kidnapping, dacoity, vehicle theft, robbery, extortion or human trafficking for prostitution are now considered organized crimes.
Curbing Interstate gangs.
Curbing interstate gangs with terrorist links.
Offences related to financial fraud, forgery, counterfeit currency, fake banknotes and government securities have been signified as economic offenses.
Victim-centric laws
The three main features of victim-centric laws are:
Opportunity for the victim to be heard.
Right to information.
Right to compensation for damages.
Institutionalized Zero FIRs.
Now, FIRs can be filed anywhere.
The victim has the right to obtain a free copy of the FIR.
Information on progress in the investigation within 90 days.
Enhanced police accountability
Videography during search and seizure made mandatory.
Providing information about arrested individuals made mandatory.
Prior permission from a magistrate was made mandatory for cases with less than 3 years of sentence and people above 60 years of age.
The arrested person must be presented before a magistrate within 24 hours.
More than 20 provisions ensure police accountability.
For the first time provision of a Preliminary Enquiry has been made.
Repealing sedition and definition of treason
Putting an end to all signs of servitude
Ending the provision on ‘treason’ once and for all
The British-era law of treason wasn’t for the nation but for their governance.
However, strict punishment for anti-national activities.
Up to 7 years or life imprisonment for actions against India’s sovereignty and integrity.
Definition of terrorism
The policy of zero tolerance towards terrorism strengthened.
Terrorism defined for the first time.
Acts endangering India’s unity, integrity, sovereignty, security, or economic security will now categorised as terrorism.
Death penalty/life imprisonment for terrorist acts.
Technology given more importance in evidence
Use of technology to enhance credibility of electronic evidence:
Electronic/digital evidence equivalent to other forms of evidence now.
Server logs, location-related evidence, voicemails, etc., are now considered evidence.
Now, the legal process will be published in all languages listed in the 8th Schedule of the Constitution.
Speeding up justice system
Now, summary trials are mandatory for petty and less serious cases.
A magistrate can conduct a summary trial for sentences of up to 3 years.
Decisions regarding cases against civil servants must be made within 120 days.
Under trial
The maximum duration of detention for a first-time offender has been reduced.
If a first-time offender completes one-third of the sentence, the individual will be eligible for bail.
Witness protection
The state government needs to prepare and notify a Witness Protection Scheme (WPS) to ensure the security of witnesses.
‘Witness Protection Scheme’ notified by the states will have to provide for the expenses incurred by the witnesses in courts.
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