Online complaints, free medical treatment: Key highlights of new Swadeshi system that will end 'tareekh pe tareek' era

India has implemented three new criminal laws, replacing colonial-era statutes. Effective from July 1, these laws aim to modernize the justice system. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act, respectively. All new cases will follow these laws, while cases registered before July 1 will continue under the old laws.

The complete implementation of new criminal laws will ensure an end to 'tareekh pe tareek' era and justice will be given in three years from FIR to Supreme Court, said Union Home Minister Amit Shah.

During a press briefing on the new criminal laws, Union Home Minister 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 also went on to say, "With a new point of view, these three laws have come into effect from midnight. Now, instead of Indian Penal Code (IPC), there will be Bharatiya Nyaya Sanhita (BNS). Instead of Criminal Procedure Code (CrPC), there will be Bharatiya Nagarik Suraksha Sanhita (BNSS). Instead of Indian Evidence Act, there will be Bharatiya Sakshya Adhiniyam (BSA)..."

New Criminal Laws: Key Provisions and Changes

Online Reporting and Zero FIR
Under the new laws, individuals can report incidents electronically, making it easier and quicker to file complaints. The Zero FIR provision allows filing an FIR at any police station, irrespective of jurisdiction, ensuring prompt action.

Victim Rights and Transparency
Victims will receive a free copy of the FIR, and arrest details will be prominently displayed at police stations, providing transparency. Additionally, victims are entitled to regular updates on case progress within 90 days, enhancing trust in the legal process.

Forensic Evidence and Videography
Forensic experts are now required to visit crime scenes for serious offences and collect evidence, with mandatory videography to prevent tampering. This strengthens the quality and reliability of investigations.

Prioritizing Cases Against Women and Children
The new laws prioritize timely investigation of crimes against women and children, ensuring completion within two months. Victims of such crimes are guaranteed free first-aid or medical treatment at all hospitals.

Electronic Summons and Sensitive Handling
Summons can now be served electronically, expediting legal processes. Statements in certain offences against women should be recorded by a woman magistrate or, in her absence, by a male magistrate in the presence of a woman to ensure sensitivity.

Inclusivity and Community Service
The definition of "gender" now includes transgender individuals, promoting inclusivity. Community service for minor offences is introduced to encourage personal growth and social responsibility.

Simplified Legal Processes
All legal proceedings will be conducted electronically, streamlining the process. The new laws also limit court adjournments to two, ensuring timely justice.

New Criminal Law: Concerns and Criticisms

Extended Police Custody
The new laws extend police custody duration from 15 days to up to 90 days, raising concerns about potential police excesses and coerced confessions.

Vaguely Defined Offenses
The laws introduce vaguely worded offenses related to terrorism and organized crime. Broad definitions could lead to arbitrary application and infringe on fundamental rights.

Discretionary Prosecution
Police officers have broad discretion to choose between prosecuting under new laws or existing statutes like the UAPA, raising concerns about fairness and accountability.

Impact on Legal Aid
The removal of the provision for legal aid from the point of arrest is seen as problematic for safeguarding the rights of the accused, particularly marginalized individuals.

The introduction of India's new criminal laws marks a significant overhaul of the legal framework. While they aim to modernize the justice system and enhance efficiency, concerns about expanded police powers and implications for civil liberties remain. The new legislations were passed by Parliament during its winter session in 2023, with active participation from members of both Lok Sabha and Rajya Sabha.

Union Home Minister Amit Shah emphasized that these laws reflect Indian values and prioritize justice over punitive measures. The rollout and enforcement of these laws will shape the future of criminal justice in India.




(With inputs from PTI)