Sweeping Changes to Replace Colonial-Era Legislation
.jpg)
In Short:
- New criminal laws to replace outdated codes.
- Faster trial and judgment timelines.
- Enhanced protection for witnesses and victims.
- Severe penalties for crimes against women and children.
- Digital reporting and streamlined case procedures.
- Inclusive definition of gender to protect transgender individuals.
Starting Monday, July 1, India's criminal justice system will undergo a major transformation with the implementation of three new criminal laws. These laws will replace the old Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, marking a significant departure from colonial-era legislation.
The new laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—introduce several key changes aimed at modernizing and improving the legal process.
Key Changes Under the New Laws:
1. Speedy Justice: Courts must deliver criminal case judgments within 45 days of the trial's conclusion. Charges must be framed within 60 days of the first hearing. States are required to implement witness protection schemes to ensure the safety and cooperation of witnesses.
2. Protection for Rape Victims: Rape victims' statements will be recorded by female police officers in the presence of a guardian or relative. Medical reports must be completed within seven days.
3. Stronger Laws for Women and Children: A new chapter addresses crimes against women and children, including severe penalties for buying or selling a child. Gangrape of a minor can result in a death sentence or life imprisonment.
4. Penalties for Deception: The laws now include punishments for abandoning women after misleading them with false promises of marriage.
5. Regular Updates for Victims: Crime victims are entitled to receive regular updates on their cases within 90 days. Hospitals must provide free first-aid or medical treatment to victims of crimes against women and children.
6. Transparency in Case Documents: Both the accused and the victim will receive copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. Courts are limited to two adjournments to prevent unnecessary delays.
7. Digital Reporting: Incidents can now be reported electronically, eliminating the need to visit a police station. 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 for immediate support. Arrest details will be prominently displayed in police stations and district headquarters for easy access by families and friends.
9. Mandatory Forensic Involvement: Forensic experts must visit crime scenes for serious offences to collect evidence.
10. Inclusive Gender Definition: The definition of "gender" now includes transgender individuals. For certain offences against women, victim statements should be recorded by a female 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.
These changes aim to streamline the legal process, enhance victim protection, and ensure faster and more transparent justice.