New Delhi, July 1, 2024: In a landmark shift for the Indian judicial system, three new criminal laws come into effect today, marking the replacement of decades-old colonial-era statutes.
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Key Highlights:
The new laws — the Indian Judicial Code (BNS), 2023, the Indian Civil Defence Code (BNSS), 2023, and the Indian Evidence Act (BS), 2023 — are set to overhaul the legal landscape in India, bringing significant changes to the way justice is administered.
In February 2024, the Centre issued gazette notifications declaring that these new laws would come into force from July 1. The Indian Judicial Code (BNS), 2023, will replace the Indian Penal Code, the Indian Civil Defence Code (BNSS), 2023, will supplant the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (BS), 2023, will modernize the Indian Evidence Act.
These new laws aim to streamline judicial processes and address contemporary challenges in law enforcement and justice delivery.
Key Changes and Implications
One of the most significant changes introduced by these new laws is the inclusion of terrorism, corruption, and organized crime under the ambit of regular criminal law for the first time. This move is expected to enhance the efficiency of the criminal justice system in dealing with serious offences.
Another critical change is the extension of police custody duration from 15 to 90 days, raising concerns about potential implications for personal liberty and the misuse of police powers. However, the government argues that this extension is necessary for thorough investigations in complex cases.
The first FIR under the new Indian Judicial Code (BNS), 2023, was registered at Hanumanganj police station in Bhopal at 12:05 am. Additionally, a street vendor in Delhi’s Kamala Market was booked under Section 285 of BNS.
Enhancements in Legal Provisions
The new laws have introduced stricter regulations for crimes against women, children, and animals. Key provisions include:
- Zero FIR: Allowing FIRs to be filed at any police station, irrespective of jurisdiction.
- Online Complaint Filing: Enabling victims to file complaints online.
- Summons via SMS or Email: Modernizing the summons process.
- Videography of Heinous Crimes: Mandatory video recording of crime scenes.
These provisions aim to enhance transparency and accountability in the criminal justice system.
Reduction in Sections
The Indian Judicial Code (BNS), 2023, features only 358 sections, down from the 511 sections in the previous Indian Penal Code. This reduction aims to simplify the legal framework and make it more accessible.
Streamlined Judicial Processes
The new laws mandate that decisions in criminal cases should be delivered within 45 days of the completion of hearings, and charges must be framed within 60 days of the first hearing. This time-bound approach is expected to expedite the judicial process, ensuring timely justice.
The implementation of these new laws marks a significant step towards modernizing India’s criminal justice system. By incorporating contemporary issues such as terrorism and organized crime, and by setting fixed timelines for judicial processes, these changes aim to deliver more efficient and timely justice.
