Colonial-era IPC out, new criminal laws take effect

July 01, 2024 09:09

Three new criminal laws came into effect in the country on Monday, bringing far-reaching changes in India's criminal justice system. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) take into account some of the current social realities and modern-day crimes.

The new laws replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively. 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.

"These laws are made by Indians, for Indians and by an Indian Parliament and marks the end of colonial criminal justice laws," he had said. Shah had further said the laws were not just about changing the nomenclature but bringing about a complete overhaul.

"Soul, body and spirit" of the new laws is Indian," he had said. Justice is an umbrella term that encompasses both the victim and the culprit, the home minister had said and added these new laws would ensure political, economic and social justice with an Indian ethos.

According to the new laws, judgment in criminal cases has to come within 45 days of completion of trial and charges must be framed within 60 days of first hearing. Statement of rape victims will be recorded by a woman police officer in presence of her guardian or relative and medical reports have to come within seven days.

Organised crimes and acts of terrorism have been defined, sedition has been replaced with treason and video recording of all search and seizures made mandatory.

A new chapter on crimes against women and children has been added, buying and selling of any child made a heinous crime and there is a provision for death sentence or life imprisonment for gang rape of a minor. Offences against women and children, murder and offences against the State have been given precedence in the new law. -- PTI

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