India has transformed its criminal justice framework with the introduction of three new laws: the Bharatiya Nyaya Sanhita (BNS), replacing the Indian Penal Code (IPC); the Bharatiya Nagrik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure (CrPC); and the Bharatiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act. These laws, enacted by Parliament in December 2023, prioritize justice over punishment and aim to deliver timely justice by enhancing judicial and court management systems, ensuring that justice is accessible to all.
Post-independence, India’s criminal justice system has been hampered by inadequate investigations, prosecution issues, prolonged case backlogs, slow court proceedings, low conviction rates, and a high number of undertrial prisoners. These issues have often resulted in justice being denied to the common people.
Key Features of the New Laws
Preventing Misuse of Arrest Provisions
To curb the misuse of arrest powers by the police, the BNSS mandates that the state government appoint a police officer responsible for maintaining records of all arrests. This information must be displayed prominently in police stations and district headquarters.
Addressing Crimes Against Women
The BNS introduces electronic First Information Reports (e-FIRs) for crimes against women, facilitating swift reporting of offences requiring immediate attention. This digital approach removes traditional reporting barriers, providing a discreet and timely reporting mechanism that aligns with judicial precedents and supports survivors.
Reducing Prison Overcrowding
The new laws reduce the detention period for first-time offenders under certain conditions. Jail superintendents are now authorized to assist undertrials in applying for bail. A first-time offender can be released on bail if they have served one-third of the maximum sentence prescribed for the offence.
Integration of Technology
The BNSS incorporates technology at every stage, from crime scene investigations to trials, ensuring faster and more transparent proceedings. The mandatory use of audio-video recordings during search and seizure processes aims to prevent evidence manipulation and ensure the presence of independent witnesses.
HERE ARE SOME OF THE MAJOR CHANGES IN NEW CRIMINAL LAWS
1. Judgments in criminal cases must be delivered within 45 days after the trial concludes. Charges need to be filed within 60 days of the initial hearing. All state governments must implement witness protection programs to ensure the safety and cooperation of witnesses.
2. A female police officer will take statements from rape victims, with the victim’s guardian or family present. Medical reports must be completed within seven days.
3. The legislation now includes a new chapter addressing crimes against women and children. Buying or selling a child is deemed a severe crime with strict penalties. Gang rape of a child can result in a life sentence or the death penalty.
4. The current law includes penalties for abandoning women after deceiving them with false marriage proposals.
5. Victims of crimes against women must receive regular updates on their cases within ninety days. All hospitals are required to provide free first aid or medical care to victims of crimes against women and children.
6. Police reports, charge sheets, statements, confessions, and other documents must be provided to both the victim and the accused within 14 days. Courts can only grant two adjournments to avoid unnecessary delays in case hearings.
7. Incidents can now be reported electronically without visiting a police station. With Zero FIR, anyone can file a First Information Report at any police station, regardless of jurisdiction.
8. Arrested individuals have the right to inform someone of their choice about their situation for prompt assistance. Arrest details must be prominently displayed at police stations and district offices for easy access by friends and family.
9. Forensic specialists are required to visit crime scenes to collect evidence in serious offences.
10. The definition of “gender” now includes transgender individuals. When possible, a female magistrate should record statements for specific offences against women. If unavailable, a male magistrate must record the statement in the presence of a woman. Statements related to rape must be recorded through audio-video means.
These reforms signify a significant shift towards a more efficient and fair criminal justice system in India, focusing on the timely delivery of justice and the protection of individual rights.
