The new criminal laws – Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 – have come into effect from today. These laws are replacing the British era written criminal laws – Indian Penal Code (1860), Code of Criminal Procedure (1973) and the Indian Evidence Act (1872).
Addressing a Press Conference on New Criminal Laws in New Delhi, Union Home Minister Amit Shah informed that the first case under the new laws was registered today at a Police station in Gwalior. It was a case of theft, someone’s motorcycle was stolen, he said. The case was registered at 12.10 AM, he added.
Shah stated that the changes in the laws after all these years of independence is indicative of the spirit of our Constitution. “I would like to congratulate the people of the country, as our criminal justice system is becoming completely ‘Swadeshi’, after 77 years of independence, and it will function as per Indian ethos,” the Union Home Minister remarked.
The implementation of the three new criminal laws across the country will constitute the most modern justice system, he added. Shah also said that with these new laws, there will be speedy trial and speedy justice. Earlier, only the rights of the Police were protected but now, the right of the victims as well as the complainants will also be protected, he stated.
The Union Home Minister also informed that the process of computerization has almost been completed within 99.9% of the police stations and that process to generate e-record was already initiated in 2019. Zero FIR, e-FIR, chargesheet; everything will follow a digital course, he added.
Some key highlights of the new criminal laws include:
– provision of 20 years imprisonment or life imprisonment in case of gangrape; death penalty in case of gangrape with a minor
– separate crime for sexual exploitation by hiding one’s identity or making false promises
– provision to record statement of the victim at her home in the presence of women officers and family members
– provisions against mob lynching
– provisions of e-FIR, Zero FIR and digital chargesheets using digital revolution. Full computerization of proceedings from investigation to court
– Community Services is introduced as a form of punishment in six petty offences
– Audio video recording of search and seizure made mandatory
– Victim has right to receive the progress report of investigation within 90 days
– Information of arrested person to be made public in police station
– 15 days Police Remand can be taken in whole or part over the first 40/60 days of the 60/90-day detention period
– Bail cannot be denied just for witness identification and Police Custody cannot be taken when the accused is on bail
