Three new criminal laws 2023 have come into force in India. The three laws are the Bharatiya Nyaya Sanhita 2023(BNS), Bharatiya Nagarik Suraksha Sanhita 2023(BNSS) and the Bharatiya Sakshya Adhiniyam 2023(BSA).
All the three laws were passed by Parliament in December 2023. The three Acts will replace the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973 and the Indian Evidence Act 1872.
Colonial criminal law has been in force in India since independence. However, it was revised from time to time. But there have been calls for a change in it for a long time.
What will be the changes if the three new criminal laws come into force?
1.This new law will establish a modern justice system in India. Provisions such as ‘Zero FIR’.
Online filing of complaints to the police, sending summons through SMS (messages on mobile phones) and mandatory videography at the scene of all heinous crimes will be included.
2. Through the new law, the decision of criminal cases will come within 45 days of completion of the trial.
The complaint will be confirmed within 60 days of the first hearing. The statement of the victim will be taken by a woman police officer in the presence of her parents or relatives.
Apart from this, the medical report has to be given within seven days.
3. A new chapter of crime against women and children has been attached. Selling or buying a child would be considered a heinous crime.
A provision of death penalty or life sentence has been attached to a minor for gang misconduct. According to the formula, the ‘overlap’ clauses have been combined.
They have been made easier. It will have only Section 358 against Section 511 of the Indian Penal Code.
4. Cases of mischief, gang-attack and murder, chilni thieves etc. were registered with the minor on false promises of marriage, but there was no special provision in the Indian Penal Code to get rid of such incidents.
But now the Indian Code of Justice provides for protection from it. All three laws are based on justice, efficiency and impartiality.
5.Now one can file a report of the incident through electronic means without going to the police station. This will make filing cases easier and faster. The police will be able to take action soon.
Through ‘Zero FIR’, now a person can lodge a complaint with any police station, no matter if the crime takes place in his area.
This will remove the haphazard pace of initiating legal action and a case can be registered at the earliest.
6.In the event of arrest a person of his choice is given the right to inform a person of his choice about his condition. The person arrested by this will soon get cooperation.
Apart from this, details of the arrest will be displayed prominently at the police station and district headquarters so that the family and relatives of the arrested person can easily get important information.
7.The new law gives priority to investigation into crimes against women and children. The investigation will be completed within two months of registration of the case.
According to the new law, the victim will have the right to know information on the progress of her case on a regular basis within 90 days.
Under the new law, free first aid will be available in all hospitals for victims of crimes against women and children.
8.Both the accused and the victim will now have the right to receive an FIR, police report, charge sheet, statement, confession and other documents within 14 days.
The court can adjourn the trial a maximum of two times to avoid unnecessary delay in the hearing of the case for timely delivery of justice.
The new law will make it mandatory for all state governments to implement witness protection plans and enhance the credibility and effectiveness of the legal process to ensure witness protection and cooperation.
9.Now the definition of ‘gender’ also includes transgenders. This will increase equality.
In order to provide more protection to the victim and to increase transparency in the investigation regarding any crime of mischief.
The victim’s statement has to be recorded by the police through audio-video medium.
10. Women, persons below 15 years of age, people above 60 years of age and persons with disabilities or serious illnesses will be exempted from visiting the police station.
They can seek police help at their residence. Thus, the three new criminal laws will greatly relieve the common man from legal problems. They don’t have to worry too much about cases and courts.
Bharatiya Nyaya Sanhita 2023(BNS)
If a person has physical relations with a woman by cheating or on a false promise of marriage, he or she can be imprisoned and fined up to 10 years.
This also includes false promises of placement or promotion, by applying any kind of pressure or hiding the real identity.
Under Section 103 of the Bharatiya Nyaya Sanhita 2023(BNS), for the first time, murder on the basis of caste, community has been recognised as a separate offence.
The apex court had in 2018 directed the central government to consider a separate law for lynching. Through this new law, offences on the basis of caste and religion can be legally recognised.
Another important change in the Bharatiya Nyaya Sanhita 2023 is organised crime and terrorism. Earlier this offence was covered under separate laws.
Such as the Unlawful Activities (Prevention) Act for Terrorism or the UAPA and the state’s own laws such as the Maharashtra Control of Organized Crime Act.
However, in the provisions related to terrorism in the Indian Code of Justice, many things have been taken from the UAPA. Thus organized crime is defined in Section 111(1).
Which includes illegal activities such as kidnapping, robbery, vehicle theft, extortion, land grabbing, supari killing, economic offences, serious cyber crime, drugs, illegal goods or services and arms trafficking, prostitution or human trafficking for ransom etc.
For the first time in the Bharatiya Nyaya Sanhita 2023, snatching has also been included in the new crime category.
Section 304(1) of the Code states, “If a criminal forcibly takes away and takes away his assets from a person for the purpose of stealing, he shall come under it.” Both the theft and the chilni theft have a jail term of three years.
In the Bharatiya Nyaya Sanhita 2023, physical relations with a minor wife have also been brought under rape.
Another key takeaway of the new law is that it includes the introduction of community service as an alternative to the punishment of certain offences.
This includes petty thefts, defamation and attempts at the final decision with the intention of obstructing the work of any public servant.
Amit Shah’s reaction to the Three Criminal Laws
Of these, he seems to be focusing more on the increasing mass killings. The Indian Penal Code so far did not have any separate provisions regarding lynching.
But the new law, which was passed from Monday, has added special provisions regarding mob lynching.
From now on, if a person dies in a mob attack, the culprits can be punished up to the death penalty, Amit Shah told a press conference.
In this press conference, Amit Shah took a dig at the opposition and said that instead of playing politics over the new laws, support the laws in the interest of the people of the country.
Amit Shah said earlier there was no provision in the law on lynching. The new law defines lynching. If the convict dies on the crime of lynching, the convict can be punished up to the death penalty.
Shah said the new law focuses more on ensuring that the common man gets justice rather than punishment.
He said indian spirit has been added to the judicial system along with the amendment of the criminal law of the colonial era.
Its provisions have been made in such a way that many groups will be benefited. Many sections of British-era law have been established in line with today’s times.
The new law lays emphasis on women’s safety. Under the new law, the victim can give a statement from her own home. There is also the facility of filing an FIR online.
The Home Minister said, “We have dropped the trend of sedition. Instead we have brought a new trend against anti-national activities.
Earlier it was an offence to make a statement against the government. But now if anyone tries to harm the sovereignty, unity and integrity of India, action will be taken against him.
The new law makes video recording mandatory for providing evidence of crime. Video will have to be made during the search operation.
This arrangement has been made keeping in mind that no person can be sacrificed intentionally.
E-statement of the victim in case of rape or sexual harassment will also be valid. If a person is picked up by the police earlier, the family members of that person should go to court and arrange for his release.
It has now been made mandatory to have a register and an e-register in every police station. The list will mention which persons are in police custody.
Instead of the Criminal Act of 1898, the Indian Civil Protection Code and the Indian Evidence Act of 1872 have been replaced by the Indian Evidence Act.
It is also alleged that the BJP government has not discussed the new law being introduced and passed in Parliament. The opposition is still raising various questions about the act.
In this context, Amit Shah said that this law was discussed in the Lok Sabha for 9 hours and 39 minutes. Thirty-four MPs participated in the discussion.
The Rajya Sabha was discussed for seven hours. The bill was already listed in Parliament.
According to Shah, consultations have been taken from all MPs, chief ministers, judges and bureaucrats of the Supreme Court and high courts regarding the act. All those suggestions were reviewed.
Shah said the new law has been made keeping in mind the 140 crore people of the country. Politics should not be done over it.
We want the opposition to support it. The doors of our ministry are open for any discussion on the new law. We will listen to everyone.
The three bills, which came into effect from today, were passed in Parliament when a contentious situation broke out in the Lok Sabha and rajya sabha.
All the three bills were passed in the almost opposition empty house after the opposition in parliament suspended 143 MPs each due to the uproar by the opposition in Parliament in the PM’s statement on the security
Security of the House and the bomb attack in the Lok Sabha. The three laws were approved by the President on December 25, 2023.