NEW DELHI: The three new criminal laws – the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam — which will replace the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively, will come into effect from July 1, 2024.
The new laws, which were passed by the previous NDA government, aims to modernise India’s criminal justice system by incorporating provisions such as:
Criticism by opposition
The new laws, which were passed by the previous NDA government, aims to modernise India’s criminal justice system by incorporating provisions such as:
- Zero FIR: Allowing people to file an FIR at any police station, regardless of jurisdiction, to eliminate delays in initiating legal proceedings.
- Online registration of police complaints and electronic service of summons.
- Mandatory videography of crime scenes for all heinous crimes to strengthen investigations.
- Summonses can be served electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication among all parties involved.
- Faster justice delivery, with judgments required within 45 days of trial completion and charges framed within 60 days of first hearing.
- Sensitive handling of crimes against women and children, including recording victim statements by female officers and faster medical reports.
- New provisions to address emerging crimes like false promise of marriage, gang rape of minors, and mob lynching.
- Definition of terrorism for the first time, with expanded scope to include “economic security” of the country.
- Reduction in the number of sections from 511 in IPC to 358 in Bharatiya Nyaya Sanhita.
- Merging of overlapping sections and simplification of language
The laws aim to prioritise justice and fairness over just punishment, with an Indian ethos, as opposed to the colonial-era laws, Union home minister Amit Shah had said in Lok Sabha when the laws were being debated.
The government recently said that extensive preparations, including training programs and technological upgrades, have been undertaken to ensure smooth implementation of these new criminal laws across the country.
Criticism by opposition
Though the new laws have been widely hailed as much-needed update to the Colonial-era legislations, the opposition has cited several issues.
- The new laws significantly expand the maximum duration of police custody from 15 days to 60-90 days, increasing the risk of police excesses and coerced evidence.
- The laws give police officers broad discretion to choose whether to prosecute under the new laws or the existing UAPA, without clear guidelines.
- The new laws introduce vaguely worded offences related to “terrorism”, “organized crime”, and “acts endangering sovereignty”, which can be arbitrarily applied.
- The definition of “terrorism” is expanded beyond the existing UAPA to include acts that “disturb public order” or “destabilize the country”, giving wide scope for misuse.
- The expanded police powers and vague offences pose a threat to fundamental rights like freedom of speech and personal liberty.
- The removal of the legal aid provision from the point of arrest is seen as particularly problematic for protecting the rights of the accused.
