June 30th 2024.
Starting from Monday, major changes will be seen in India's criminal justice system as three new laws will replace the British-era laws. These laws, namely the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, will bring in a more modern approach to justice. The aim is to effectively address the current social realities and crimes while keeping in mind the principles of the Constitution, according to official sources.
Union Home Minister Amit Shah, who introduced these laws, emphasized that they prioritize providing justice instead of focusing solely on penal action like the colonial laws did. He also highlighted that these laws are made by Indians, for Indians, and by the Indian Parliament, marking the end of the colonial criminal justice system. These new laws are not just a mere change in names, but a complete overhaul that reflects the Indian soul, body, and spirit.
Shah further explained that justice is not just about punishing the culprit, but also about providing justice to the victim. These laws aim to achieve political, economic, and social justice while staying true to the Indian ethos. The new laws also have strict timelines for disposing of criminal cases, with judgments to be delivered within 45 days of the trial's completion and charges to be framed within 60 days of the first hearing.
One of the major changes in these laws is the provision for recording the statement of rape victims in the presence of a female police officer and their guardian or relative. Medical reports must also be completed within seven days. Additionally, the new laws define organized crimes and acts of terrorism, replace sedition with treason, and make video recording mandatory for all search and seizures.
Moreover, a new chapter has been added to address crimes against women and children, with harsh penalties for offenses like buying and selling children and gang-raping minors. The new laws also prioritize cases of women, children, murder, and crimes against the state, and have simplified sections to ensure a more efficient legal process. The total number of sections has been reduced to 358 from the previous 511 in the Indian Penal Code.
The new laws also have provisions for addressing incidents like false promise of marriage, gang rape of minors, mob lynching, and chain snatching, which were not specifically covered in the Indian Penal Code. Additionally, the laws allow for reporting incidents through electronic communication, eliminating the need to physically visit a police station. This will make reporting quicker and easier, leading to prompt action by the police.
Another significant change is the introduction of Zero FIR, which allows a person to file a First Information Report (FIR) at any police station, regardless of jurisdiction. This will prevent delays in initiating legal proceedings and ensure immediate reporting of the offense. In case of an arrest, the individual has the right to inform a person of their choice about their situation, providing them with immediate support and assistance.
To strengthen cases and investigations, the new laws have made it mandatory for forensic experts to visit crime scenes for serious offenses and collect evidence. Victims of crimes against women are also entitled to regular updates on the progress of their case within 90 days, keeping them informed and involved in the legal process. They are also guaranteed free first-aid or medical treatment at all hospitals, ensuring their well-being during such challenging times.
The new laws also mandate electronic service of summonses, reducing paperwork and ensuring efficient communication among all parties involved. For certain offenses against women, the statement of the victim must be recorded by a woman magistrate or in the presence of a woman, promoting sensitivity and fairness. Both the accused and the victim are also entitled to receive copies of important documents within 14 days.
Furthermore, the courts are only allowed a maximum of two adjournments to prevent unnecessary delays in case hearings, ensuring timely delivery of justice. Witness protection schemes have also been made mandatory for all state governments to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings. The new laws also promote inclusivity and equality by including transgender individuals in the definition of gender.
Overall, the new laws aim to provide a more transparent, fair, and efficient criminal justice system in India. By conducting all legal proceedings electronically, the new laws offer convenience to all parties involved, streamlining and expediting the entire legal process. They also offer better protection to victims and promote transparency in investigations related to offenses like rape. Women, children, and the elderly or disabled are also exempt from physically attending police stations, ensuring their safety and comfort.
[This article has been trending online recently and has been generated with AI. Your feed is customized.]
[Generative AI is experimental.]
