Starting Monday, July 1, three new criminal laws will come into effect nationwide, significantly reshaping India's criminal justice system and replacing outdated colonial-era legislation. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will supersede the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.
These new laws introduce several key changes and improvements to streamline the judicial process, enhance protections for victims, and ensure swift justice. Here are the major points of the new criminal laws:
- Expedited Judgments and Charge Framing: Criminal case judgments must now be delivered within 45 days after the trial concludes. Charges against the accused must be framed within 60 days of the first hearing. Additionally, all state governments are mandated to implement witness protection schemes to ensure the safety and cooperation of witnesses.
- Enhanced Protections for Rape Victims: Statements from rape victims will be recorded by a female police officer in the presence of the victim?s guardian or a relative. Medical reports related to these cases must be completed within seven days to expedite justice.
- New Chapter on Crimes Against Women and Children: The new laws address crimes against women and children with more severe penalties. For instance, buying or selling a child is now classified as a heinous crime, punishable by stringent penalties. Gangrape of a minor can result in a death sentence or life imprisonment.
- Punishment for Abandonment after False Promises of Marriage: The law now includes punishments for cases where women are abandoned after being misled by false promises of marriage, ensuring accountability and justice for such offenses.
- Regular Case Updates for Victims: Victims of crimes against women are entitled to receive regular updates on their cases within 90 days. Moreover, all hospitals are required to provide free first-aid or medical treatment to victims of crimes against women and children.
- Access to Case Documents: Both the accused and the victim are entitled to receive copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. Courts are allowed a maximum of two adjournments to avoid unnecessary delays in case hearings.
- Electronic Reporting and Zero FIR: Incidents can now be reported via electronic communication, eliminating the need to visit a police station. The introduction of Zero FIR allows individuals to file a First Information Report at any police station, regardless of jurisdiction.
- Right to Inform During Arrest: Arrested individuals have the right to inform a person of their choice about their situation, ensuring they can receive immediate support. Arrest details will be prominently displayed in police stations and district headquarters for easy access by families and friends.
- Mandatory Forensic Examination: Forensic experts are now required to visit crime scenes for serious offenses and collect evidence, enhancing the accuracy and reliability of investigations.
- Inclusive Definition of Gender: The definition of "gender" now includes transgender people, promoting equality. For certain offenses against women, victim statements should be recorded by a woman magistrate whenever possible.
