THREE CRIMINAL LAWS REPLACING IPC, CrPc, EVIDENCE ACT TO COME IN FORCE FROM JULY 1
The government said on Saturday that the three new criminal laws, which replace the Indian Penal Code, Code of Criminal Procedure, and Evidence Act, will take effect on July 1. The Bharatiya Nyaya Sanhita(BNS), Bharatiya Nagarik Suraksha Sanhita(BNSS), and Bharatiya Sakshaya Act(BSA) are the three new criminal statutes. Among many other changes, the new laws seek to completely replace the rules from the British era by defining terrorism, outlawing sedition as a felony, and adding a new section titled “offences against the state” among many other changes.
In August 2023, during the Monsoon session of Parliament, these three legislation were initially introduced. The revised versions were introduced in the winter session on the recommendations of the Standing Committee on Home Affairs. Amit Shah, the union home minister, stated that extensive deliberations went into the drafting of the measures and that he personally reviewed each and every comma and full stop.
Amit shah said, “First of all, I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely ‘Swadeshi’. This will function on Indian ethos.”
“After 75 years, these laws were contemplated upon and when these laws are in effect from today, colonial laws have been scrapped and laws made in the Indian Parliament are being brought into practice. Instead of ‘Dand’, it is now ‘Nyay’. Instead of delay, there will be speedy trial and speedy justice. Earlier, only the rights of the Police were protected but now, vicitms’ and complainants’ rights will be protected too,” he further said.
NEW CRIMINAL LAWS IN INDIA: KEY PROVISION AND IMPLICATIONS
To increase the fairness and enhance the efficiency of the legal process these laws has been introduced:
- Innovative Legal Procedures: Features like Zero FIR allow complaints to be filed at any police station, streamlining the initiation of legal action.
- Technological Advancements: Online police complaints and electronic summons services aim to reduce paperwork and enhance communication.
- Swift Judicial Processes: Strict timelines for delivering trial judgments within 45 days and framing charges within 60 days emphasize timely justice delivery.
- Protection for Vulnerable Groups: Special provisions for crimes against women and children ensure sensitive handling and expedited medical examinations.
- Expanded Offenses: New definitions include crimes such as false promises of marriage and gang rape of minors, alongside a comprehensive definition of terrorism.
Extended Police Powers
Clause 187(3): Extends police custody duration from 15 to up to 90 days, aimed at expediting trials but raising concerns about potential misuse and custodial rights.
Community Service and Marital Rape
Introduces community service as an alternative to imprisonment for minor offenses like theft or defamation, although the definition and implementation are left to judicial discretion.
Addresses marital rape of minor wives, aligning with Supreme Court directives and closing gaps in existing laws.
