Three new criminal laws replace British-era laws, Here’s what you need to know

Guwahati, July 1: Starting Monday, July 1, the three new criminal laws—Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and the Bharatiya Sakshya Adhiniyam (BSA) 2023—come into force, replacing the colonial-era legislation.

The new laws will overhaul India’s criminal justice system and replace the colonial-era Indian Penal Code 1860, the Code of Criminal Procedure 1898, and the Indian Evidence Act 1872, respectively.

As per the new criminal laws, from Monday, all fresh FIRs will be registered under the BNS. However, cases filed earlier will continue to be tried under the old laws till their final disposals.

The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes.

The new laws have tried to address some of the current social realities and crimes and are going to provide a mechanism to effectively deal with these, keeping in view the ideals enshrined in the Constitution, official sources said.

Union Home Minister Amit Shah, who piloted the laws, had said the new laws would give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action.

Some of the major points included in the new laws are as follows:

- Judgment in criminal cases must be delivered within 45 days of trial completion.

- Charges must be framed within 60 days of the first hearing.

- Rape victims' statements will be recorded by a female officer in presence of guardian or relative.

- Medical reports for rape cases must be completed within seven days.

- Organised crimes and terrorism are defined; sedition replaced with treason.

- Mandatory video recording of all searches and seizures.

- New chapter on crimes against women and children; buying/selling of a child made heinous crime.

- Death sentence or life imprisonment for gang rape of a minor.

- Priority given to offences against women, children, murder, and offences against the State.

- Overlapping sections merged and simplified; with only 358 sections against 511 in the Indian Penal Code.

- Definitions consolidated from sections 6 to 52 into one section.

- Eighteen sections repealed; four related to weights and measures now under the Legal Metrology Act, 2009.

- New provisions for false promises of marriage, gang rape of minors, mob lynching, and chain snatching in the Bharatiya Nyaya Sanhita.

- New law provision for abandonment of women after false promises of marriage.

- Incident reporting can now be done electronically.

- Zero FIR allows FIR filing at any police station, regardless of jurisdiction.

- Arrested individuals can inform a person of their choice about their situation.

- Arrest details will be displayed in police stations and district headquarters.

- Forensic experts must visit crime scenes for serious offences.

- Crime victims entitled to regular updates on their case within 90 days.

- Free first aid or medical treatment for victims of crimes against women and children at all hospitals.

- Summonses can be served electronically.

- Victim statements for certain offences are to be recorded by a woman magistrate if possible.

- Both accused and victim entitled to receive copies of FIR and other documents within 14 days.

- Courts can grant a maximum of two adjournments to avoid delays.

- Mandatory witness protection schemes for all state governments.

- Definition of "gender" includes transgender individuals.

- Legal proceedings conducted electronically for convenience and efficiency.

- Rape victim statements to be recorded via audio-video means.

- Exemptions from attending police stations for women, persons below 15, above 60, and those with disabilities or acute illnesses.