Colonial-Era criminal laws are now obsolete, New criminal laws go into effect today

India’s legal landscape has recently undergone a significant transformation with the introduction of three new criminal laws, replacing outdated colonial-era statutes. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) have replaced the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872, respectively.

Beginning Monday, all First Information Reports (FIRs) will be registered under the new laws. However, cases registered before July 1 will continue to be tried under the old IPC, CrPC, and Indian Evidence Act.

Here are the key aspects of these new laws:

1. Speedy Justice and Witness Protection:

• Criminal case judgments must now be delivered within 45 days after the trial concludes.
• Charges must be framed within 60 days of the first hearing.
• All state governments are required to implement witness protection schemes to ensure the safety of witnesses.

2. Zero FIR and Online Complaints:

• Any person can file a Zero FIR at any police station, regardless of jurisdiction.
• Online registration of police complaints and electronic serving of summons are now permitted.

3. Crimes Against Women and Children:

• Statements from rape victims will now be recorded by a female police officer in the presence of the victim’s guardian or relative.
• A new chapter addresses crimes against women and children, including buying or selling a child, punishable by severe penalties.
• Gangrape of a minor can result in a death sentence or life imprisonment.

4. Videography and Electronic Summonses:

• Videography of crime scenes is now mandatory for all heinous crimes.
• Summonses can be served electronically, expediting legal processes.

5. Recognition of New Offences:

• The BNS now recognizes murder based on race, caste, or community as a separate offense.
• Provisions address emerging crimes like gang rapes, mob killings, and false promises of marriage.

6. Transparency and Gender Inclusivity:

• Both the accused and the victim are entitled to receive copies of relevant documents within 14 days.
• The definition of “gender” now includes transgender people.
• Victim statements for certain offenses against women should be recorded by a woman magistrate when possible.

7. Controversies and Concerns:

• Critics argue that law enforcement agencies have been given unchecked powers, potentially leading to misuse.
• Section 150 of the BNS, which deals with sedition, has been criticized as draconian and may face constitutional challenges.
• The extension of police custody from 15 days to 90 days has raised concerns about civil liberties.

A new provision has been made for cases such as abandonment of women after engaging in sexual relations on the false promise of marriage.

In addition, the new laws now cover offenses such as organized crime and terrorism, previously under specific stringent laws, such as the Unlawful Activities Prevention Act for terrorism and state-specific laws like the Maharashtra Control of Organized Crime Act for organized crime.

While the new laws introduce positive changes, such as community service as an alternative punishment for certain offenses, they also face scrutiny for potential violations of civil liberties. The decision to implement these laws from July 1 has sparked debate among opposition parties. The transformation aims to provide justice while navigating the complexities of modern legal challenges.

Pros and cons of the new laws

One of the significant positive changes is the introduction of community service as an alternative form of punishment for certain offenses, such as small theft, defamation, and attempting suicide with the intention to obstruct a public official from discharging their duty. Also, sexual intercourse with a minor wife has been categorized as rape. The IPC had previously only made one exception for marital rape – intercourse with a wife under the age of 15.

In an interview with the Economic Times, advocate Sumit Gehlot from Fidelegal Advocates and Solicitor stated, ” In the New Criminal Laws, law enforcement agencies have been given unfettered powers without checks and balances and safeguards and safety provisions have been ignored, which will be prone to misuse. Under the New Criminal Laws, there will be potential violations of civil liberties.”

He mentioned that the Sedition Law under Section 150 of BNS has been deemed “Draconian”. He believes that Section 150 will likely be challenged, along with other provisions, and may be struck down by the constitutional courts. The addition of the Sedition Law seems to be for political reasons, serving as a backdoor entry. He questions why terrorism is included as a general penal law offense when it is already punishable under special legislation. Additionally, he is concerned about the extension of police custody from 15 days to 90 days.

Meanwhile, opposition parties, such as the Congress, have expressed that the decision to implement the new criminal laws from July 1 was rushed.

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