Starting Monday, July 1, three new criminal laws will take effect across India, significantly overhauling the country’s criminal justice system and replacing colonial-era legislations.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will replace the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
New criminal laws explained | 10 points
1.Judgment and Charges Timeline: Criminal case judgments must be delivered within 45 days after the trial concludes, and charges must be framed within 60 days of the first hearing. State governments must implement witness protection schemes to ensure witness safety and cooperation.
2. Rape Victim Support: Statements from rape victims will be recorded by a female police officer in the presence of the victim’s guardian or relative. Medical reports must be completed within seven days.
3. Crimes Against Women and Children : A new chapter addresses crimes against women and children. Buying or selling a child is now classified as a heinous crime with severe penalties. Gangrape of a minor can result in a death sentence or life imprisonment.
4. Abandonment Under False Promises : The law includes punishments for cases where women are abandoned after being misled by false promises of marriage.
5. Case Updates and Medical Aid : Victims of crimes against women are entitled to receive regular updates on their cases within 90 days. Hospitals are required to provide free first-aid or medical treatment to victims of crimes against women and children.
6. Documentation Access: 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.
7. Electronic Reporting : 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.
8. Rights of the Arrested: Arrested individuals have the right to inform a person of their choice about their situation to receive immediate support. Arrest details will be prominently displayed in police stations and district headquarters for easy access by families and friends.
9. Forensic Involvement: Forensic experts are now required to visit crime scenes for serious offences and collect evidence.
10. Inclusive Definition of Gender: The definition of “gender” now includes transgender people. For certain offences against women, victim statements should be recorded by a woman magistrate when possible.
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.
