Three new Criminal laws, What it means

Starting July 1, 2024, India witnesses the enforcement of three new landmark criminal laws – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These laws, designed to replace the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act respectively, aim to modernize the country’s criminal justice system.

Key provisions of the new laws include:

• Introduction of Zero FIR to enable filing of complaints at any police station, irrespective of jurisdiction.

• Online registration of police complaints and electronic service of summons to expedite legal procedures.

• Mandatory videography of crime scenes for all heinous crimes to enhance investigation quality.
• Electronic service of summonses to streamline legal processes, reduce paperwork, and improve communication.
• Expedited justice delivery, with mandates for judgments within 45 days post-trial completion and framing of charges within 60 days of the first hearing.
• Special provisions for handling crimes against women and children, ensuring sensitive treatment and faster resolution.

Also Read: Telangana Prepares for Implementation of 3 New Criminal Laws from July 1

Additionally, the laws define terrorism for the first time, broadening its scope to include threats to “economic security” alongside conventional definitions. They also streamline and simplify existing legal frameworks by reducing the number of sections from 511 in the IPC to 358 in Bharatiya Nyaya Sanhita.

While hailed as a necessary reform to colonial-era laws, the new legislation has faced criticism from the opposition. Concerns include:

• Significant extension of police custody durations, potentially leading to abuses and coerced evidence.
• Broad discretion granted to police officers in choosing between new laws and existing statutes like UAPA.
• Introduction of vaguely defined offences related to terrorism and organized crime, raising fears of arbitrary application.
• Expanded powers for law enforcement agencies, potentially infringing upon fundamental rights such as freedom of speech and personal liberty.
• Removal of legal aid provision from the point of arrest, seen as detrimental to the rights of the accused.

The government has assured comprehensive preparations, including training initiatives and technological upgrades, to facilitate a smooth transition to the new legal framework nationwide.