India New Criminal Law under Bharatiya Nyay Sanhita

Bharatiya Nyay Sanhita Highlights 2024

Summary

• Zero FIR: Anyone can file a FIR at any police station, regardless of jurisdiction.
• Online Complaints: Police complaints can now be registered online, with electronic summons.
• Videography of Crime Scenes: Mandatory for heinous crimes to enhance investigations.
• Swift Justice: Judgments within 45 days of trial completion; charges framed within 60 days.
• Reduced Sections: IPC sections reduced from 511 to 358 in the Bharatiya Nyaya Sanhita.
• Terrorism Definition: Expanded to include economic security; impacts fraud and money laundering.
• New Crimes Addressed: Covers deceitful marriages, gang assaults on minors, and mob violence.
• Gender Equality: Equal treatment for women’s complaints; tackles misuse of dowry, rape, etc.
• Compassionate Treatment: Focus on crimes against women and children, faster medical reports.
• Plea Bargaining and Community Service: Introduced as forms of punishment.
• Recognition of “Love Jihad”: Officially acknowledged as deceptive acts for legal protection.
• End to Chaos: Crackdown on false protests and disruptive actions disrupting public order.

India or Bharat has made some prominent changes in the Indian Laws. Let’s have a look into the major changes. 

Starting from 1st July, 2024, the New Bharatiya Justice Laws have taken the place of the Abrahmic Criminal Laws in “India”.

New Indian Laws

What are the significant changes that will revolutionise the system to ensure fairness and equality under the law, addressing a long-standing issue since 1947?

1. Introducing Zero FIR :Empowering individuals to file a FIR at any police station, irrespective of jurisdiction, to expedite the commencement of legal proceedings and minimise unnecessary delays.

1. Online registration of police complaints and electronic service of summons are now available.
2. It is crucial to implement mandatory videography of crime scenes for all heinous crimes in order to enhance investigations.
3. Summonses can be served electronically, which speeds up legal processes, cuts down on paperwork, and promotes efficient communication among all parties involved.
4. Efficient justice delivery is prioritised, ensuring that judgements are delivered promptly within 45 days of trial completion and charges are framed within 60 days of the first hearing.

“Tarikh pe Tarikh” Expert Lawyers & Judges messed up.

There has been a significant decrease in the number of sections, going from 511 in the IPC to 358 in the Bharatiya Nyaya Sanhita.

1. Introducing a new definition of terrorism that now encompasses the protection of the nation’s economic security.

That implies that individuals involved in fraudulent activities, money laundering, and even politicians have been severely impacted.

• Streamlining of intersecting sections and clarification of language.

Introducing new provisions to tackle the rise of crimes such as deceitful marriage promises, sexual assault on minors by gangs, and incidents of mob violence.

• Advancing Gender Equality in Legislation.

Equal treatment for all women complaints. Will address the issue of false cases related to dowry, rape, molestation, etc., which are sometimes used as a means of blackmail or revenge by certain individuals.

1. Ensuring compassionate treatment of crimes against women & children.

• Documenting statements from female officers who have been victims.
• Get your medical reports faster.

Exploring the Definition of “Terrorism” Beyond UAPA Actions that disrupt public order or destabilise a nation are included.

1. Put an end to chaos by eliminating false protests and other disruptive actions.

🔆The concept of “Love Jihad” has been officially recognised as the act of luring individuals by concealing one’s true identity or using deceptive identities.

It is now impossible for a secular judge to ignore or deny the existence of a peaceful act and fail to provide protection.

• Introducing Plea Bargaining.
• Introducing community service as a form of punishment.

In the Lok Sabha, Union HM Amit Shah emphasized the importance of justice and fairness in the 3 laws, highlighting their departure from colonial-era legislation. True to his word, these laws have been implemented in line with Bharatiya ethos.

India’s Major Criminal Laws Get an Update (In Details)

Three new criminal laws have been implemented as of Monday, July 1. These laws introduce several important measures, such as the ability to register police complaints online, the use of electronic modes for summons, and the mandatory videography of crime scenes for all heinous crimes. 

Last year, the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 were enacted to replace the outdated British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act.

What is the process for filing a FIR under the latest criminal laws?

Thanks to recent legislation, individuals can now easily report incidents through electronic communication, eliminating the need for them to make a trip to a police station. This enables more efficient and expedited reporting, enabling swift response from law enforcement.

Introducing zero FIR: Now, individuals have the power to file a First Information Report (FIR) at any police station, no matter the jurisdiction. This streamlines the process of starting legal proceedings and guarantees prompt reporting of the offense, minimizing any potential delays.

A complaint has been filed in Delhi against a street vendor by Bharatiya Nyaya Sanhita.

Is it possible for the complainant to obtain a copy of the FIR?

Indeed, with the implementation of these new laws, victims will now be provided with a complimentary copy of the FIR, guaranteeing their active involvement in the legal proceedings.

What about investigations into crimes involving women and children?

• The new laws have placed a strong emphasis on expediting investigations into crimes against women and children, guaranteeing that they are concluded promptly within a two-month timeframe from the moment information is recorded. 
• According to the latest legislation, individuals who have been affected by a particular incident will now receive timely updates regarding the status of their case within a period of 90 days.
• This provision ensures that the victims are kept well-informed and actively involved in the legal process, which helps to promote transparency and build trust.
• Medical treatment provided at no cost to victims of crimes against women and children
• Recent legislation ensures that all hospitals are required to provide free first-aid or medical treatment to victims of crimes against women and children. 
• This provision guarantees prompt access to vital medical care, placing a high priority on the well-being and recovery of individuals during difficult circumstances.

Electronic service of summons is now possible

Electronic service of summons has revolutionized the legal system, streamlining processes, minimizing paperwork, and promoting seamless communication among all parties.

Efficient and prompt dispensation of justice

Courts allow a maximum of two adjournments to prevent any unnecessary delays in case hearings, ensuring that justice is delivered in a timely manner.

Program for protecting witnesses

• State governments are now required to implement a witness protection scheme in order to prioritize the safety and cooperation of witnesses, ultimately improving the credibility and effectiveness of legal proceedings.
• In order to enhance the safety of the victim and promote transparency in rape investigations, the police will now record the victim’s statement using audio and video technology.

Who is not required to go to police stations?

Certain individuals, such as women, minors, senior citizens, and those with disabilities or acute illness, have the option to receive police assistance at their place of residence instead of going to a police station. 

Conclusion

The new laws have ensured that the fines imposed for specific crimes are proportional to the severity of the offenses, thereby ensuring equitable and proportional punishment, deterring future offenses, and preserving public trust in the legal system.