New Criminal Laws Take Effect Today
The three controversial criminal laws, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) will take effect nationwide, replacing colonial era legislations.
The three new criminal laws will replace the old Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. The first FIR (First Information Report) under new criminal law was registered on Monday at Delhi’s Kamla Market Police Station against a street vendor.
The case was registered under Section 285 of Bharatiya Nyaya Sanhita on charges of obstructing a footover bridge at the New Delhi Railway Station.
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The laws were changed with a motive to ensure speedier justice and be in sync with this day and age and the new forms of crime that occur, the government had said. With the law in effect, the judgments are required within 45 days of completion of trial and charges framed within 60 days of the first hearing.
Starting from Monday, all the FIRs will now be registered under the provisions of BNS. However, all the cases registered before July 1 will continue under IPC, CrPC, and Indian Evidence Act until final disposal.
With the new laws implemented, any person can file a Zero FIR at any police station, regardless of jurisdiction and it will permit online registration of police complaints and electronic serving of summons.
Union Minister Amit Shah has said that the implementation of these laws will require training and forensic teams, whose visits have been mandatory for offenses carrying a sentence of seven years or more.
These new provisions have been made in view of emerging crimes like gang rapes, killing by mobs, false promises of marriage and others.
Bharatiya Nyaya Sanhita (BNS)
BNS has 358 sections and 20 new crimes have been added. The imprisonment sentence has been increased for 33 crimes and the fine has been increased for 83 crimes. Mandatory punishment was introduced in 23 crimes.
A new chapter called Crimes Against Women and Children to deal with sexual crimes and has improvised the provisions related to the rape cases below 18 years of age.
Sanhita provides targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without the true intention to marry.
Terrorism has been defined for the first time in the BNS and it has been made a punishable offence. Terrorist acts are punishable offense with a death penalty or life imprisonment without parole.
The practice of filing zero FIR has been institutionalized and thus FIR could be lodged anywhere irrespective of the crime where it has taken place.
Victims can acquire a copy of FIR free of cost and can also know about the progress of the investigation within 90 days.
Bharatiya Nagrik Suraksha Sanhita (BNSS)
BNSS has a total of 531 sections; 177 provisions have been changed in the Sanhita and nine new sections as well as 39 new sub-sections have been added to it.
And 14 sections have been repealed and removed in the Sanhita. Audio-video provision was added at 35 places.
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Bharatiya Sakshya Adhiniyam (BSA)
BSA will have 170 provisions in total of which 24 have been changed. Two new provisions and six sub-provisions have been added.
However, there were several arguments from the opposition parties to postpone the implementation of the criminal laws. Chief Justice D Y Chandrachud said, “These laws signify a watershed moment for our society because no law affects the day-to-day conduct of our society like the criminal law”.
