From Zero FIR To Video Evidence, New Criminal Laws Coming Into Effect Starting July 1

Starting Monday, July 1, 2024, three new criminal laws will come into effect across India by replacing British colonial-era statutes. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam will supplant the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.

These reforms aim to modernise the justice system with provisions such as Zero FIR, online registration of police complaints, electronic summonses, and mandatory videography of crime scenes for all heinous crimes.

As per people in the know, the recent legislations tackle current social circumstances and offenses, in harmony with the principles upheld in the Constitution.

Union Home Minister Amit Shah, who spearheaded the legislation, emphasised that the new laws prioritise justice over penal action, marking a departure from colonial criminal justice laws.

"These laws are made by Indians, for Indians, and by an Indian Parliament, marking the end of colonial criminal justice laws," Shah stated. He emphasised that the new legislation symbolises a thorough renewal rooted in Indian values.

Key changes include mandatory judgments in criminal cases within 45 days of trial completion and charges to be framed within 60 days of the first hearing.

Statements of rape victims will now be recorded by female police officers in the presence of a guardian or relative, with medical reports required within seven days.

The new laws define organised crimes and terrorism, replace sedition with treason, and mandate video recording of all search and seizure operations.

A new chapter addresses crimes against women and children, making the buying and selling of children a heinous crime and imposing the death penalty or life imprisonment for gang rape of a minor.

Offenses against women and children, murder, and crimes against the State are prioritised under the new statutes. Overlapping sections have been merged and simplified, reducing the total number of sections from 511 in the Indian Penal Code to 358.

The Bharatiya Nyaya Sanhita addresses crimes like false promises of marriage, gang rape of minors, mob lynching, and chain snatching, which were not explicitly covered by the Indian Penal Code.

Under the new laws, individuals can report incidents electronically, and Zero FIR allows filing of FIRs at any police station regardless of jurisdiction, ensuring immediate action. Arrested individuals have the right to inform a person of their choice, and arrest details will be prominently displayed at police stations and district headquarters.

For serious offenses, forensic experts are required to visit crime scenes to collect evidence. Victims of crimes against women are entitled to regular case updates within 90 days, ensuring transparency and involvement in the legal process. Hospitals must provide free first aid or medical treatment to victims of crimes against women and children.

Summonses can now be served electronically, expediting legal processes and reducing paperwork. Victim statements in certain offenses against women will be recorded by a woman magistrate or, if unavailable, by a male magistrate in the presence of a woman, fostering a supportive environment.

Both accused and victims are entitled to copies of legal documents within 14 days. Courts are limited to granting a maximum of two adjournments to avoid unnecessary delays. State governments are mandated to implement witness protection schemes to enhance the credibility of legal proceedings.

The new laws also expand the definition of 'gender' to include transgender individuals, promoting inclusivity and equality. Legal proceedings will be conducted electronically, streamlining and expediting the process.

For offenses like rape, victim statements will be recorded through audio-video means to enhance transparency. Additionally, women, individuals under 15 or over 60, and those with disabilities or acute illnesses are exempt from attending police stations and can receive assistance at their residences.

(With inputs from PTI)