Curtains on British-Era Rules, New Criminal Laws Take Effect Today: What Changes

New Delhi: Making a landmark shift, India headed towards a new era of criminal justice with three reformed laws coming into effect on July 1. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) will replace the colonial-era legislation including the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively

The Bills to replace the colonial-era criminal justice rule were introduced in Parliament in December last year by Union Home Minister Amit Shah who said the soul of these three new laws will be to protect all the rights given by the Constitution to the citizens.

"British-era laws were made to strengthen and protect their rule and their purpose was to punish, not to give justice," Shah said.

The Union Home Minister claimed that the objective of the proposed laws will not be to punish anyone but to give justice to the victims. “The objective will not be to punish anyone but to give justice and in this process, punishment will be given where it is required to create a sense of prevention of crime.” 

New Criminal Laws: Key Changes to Know

• After the trial ends, the criminal case judgments must be delivered within 45 days and charges related to the case must be framed within 60 days of the first hearing. The state governments are directed to implement witness protection schemes to ensure the safety and cooperation of witnesses.
• The statements from the rape victims must be recorded by a female police officer and the presence of the victim's guardian or relative is mandated. Medical reports must be completed within seven days.
• In order to address crimes against women and children, the law classifies the buying or selling of a child as a heinous crime, punishable by severe penalties. Similarly, gang rape cases related to a minor can result in a death sentence or life imprisonment.
• The new criminal justice law also ensures punishments in cases where women are abandoned after being misled by false promises of marriage.
• Victims of crimes against women are entitled to receive regular updates on their cases within 90 days. All the victims of crimes against women and children are now entitled to free first-aid or medical treatment across hospitals in the country. 

The new criminal justice laws enable people to report incidents electronically without visiting a police station, ensuring faster and easier reporting of crime. With Zero FIR, any person can lodge a First Information Report (FIR) at any police station, regardless of constituency or jurisdiction, eliminating delays in action. 

'Nyay' Instead of 'Dand'

Union Home Minister Amit Shah on Monday reaffirmed that new criminal laws that came into effect today have ended the colonial-era laws in India, transforming the country's criminal justice system into ‘completely Swadeshi.’   

Remarking that the laws are made in reflection of the constitutional spirit, the Home Minister said that it will stand as the most modern set of laws. 

"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," Shah said.

Amit Shah Schools Opposition

Responding to the allegations of passing laws without the required debate and discussions in Parliament, Amit Shah rejected the accusations, claiming, "No other law in the history of the country has been discussed in such detail in Parliament".

“Opinions from every section of the society were considered in the formation of the new criminal laws. The opposition intentionally boycotted the Parliament sessions and are now blaming that it was passed in their absence.”  

It comes after the opposition parties claimed that the bills proposing new criminal laws were passed without adequate debate and discussion on the matter.

"After the political and moral shock in the elections, Modi ji and the BJP are pretending to respect the Constitution, but the truth is that the three laws of the criminal justice system that are being implemented from today were forcibly passed by suspending 146 MPs," Congress President Mallikarjun Kharge said. 

First Case Under New Criminal Laws Registered 

The first case under the new criminal laws was registered in Gwalior, Madhya Pradesh, informed Home Minister Amit Shah. "It involved a theft; someone's motorcycle was stolen. The case was registered at 12:10 am," he said.

In the national capital, the Delhi Police registered the first FIR under the new Bharatiya Nyaya Sanhita, 2023, on July 1 at Kamla Market Police Station. The case was against a street vendor under Section 285 of Bharatiya Nyaya Sanhita for obstruction under foot over the bridge of New Delhi Railway Station.