Understanding India’s New Criminal Laws: Highlights and Changes

New Criminal Laws

The new criminal laws – the Bharatiya Nyaya Sanhita (BNS), 2023, except sub-section (2) of section 106, the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023, except entry relating to section 106(2) of BNS in the First Schedule to BNSS, and the Bharatiya Sakshya Adhiniyam (BSA), 2023, were notified on 25 December 2023 and came into force on 1 July 2024.

BNS places the provisions relating to crime against women and children under one chapter for the first time. It provides for strict punishments up to the death sentence for offenses against women. The punishment for gang rape of a woman under 18 years, is life imprisonment or till the remainder of the convict’s natural life or death. BNS has also incorporated a new offense for having sexual intercourse on the false promises. These can be for marriage,  employment, promotion, or by concealing identity, etc.

The Annexure provides the main features of these laws, including provisions relating to offenses against women.

Highlights of Provisions

To reduce the overcrowding of jails and help undertrials, the authorities have made the following provisions in the BNS and BNSS:

1. In section 290 of BNSS, plea bargaining is time-bound, and one can apply for plea bargaining within 30 days from the date of framing of the charge. In a plea bargaining case, in working out a mutually satisfactory disposition of a case under section 293 of BNS, where the accused is a first-time offender, and the law has not convicted them of any offense in the past, the Court may sentence such accused person to one-fourth/one-sixth of punishment prescribed for such offense.
2. The maximum period for authorities to detain an undertrial prisoner is in section 479 of BNSS. It has been provided that where a person is a first-time offender (who has never been convicted of any offense in the past), he shall be released on bond by the Court if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offense under that law. Further, it shall be the Superintendent of Jail’s duty to apply to the Court in this regard.
3. Law has introduced community Service as one of the punishments for the first time.

ANNEXURE

Main features of the new criminal law

The new criminal laws mark a significant step towards creating a citizen-centric, more accessible, and efficient justice system. The following are the main features of the new criminal laws:

(A) Victim Centric Provisions

i. Report Incidents Online: A person may now report incidents by electronic communication without physically visiting a police station. It allows for easier and quicker reporting, facilitating prompt action by the police.

1. File FIR at Any Police Station: With the introduction of Zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction. Indeed, this eliminates delays in initiating legal proceedings and ensures immediate reporting of the offense.
2. Free Copy of FIR: The victim is entitled to receive a free copy of the FIR, which ensures their participation in the legal process.
3. Right to Inform Upon Arrest: In the event of an arrest, the individual has the right to inform a person of his choice about his situation. This will eventually ensure immediate support and assistance to the arrested individual.

ANNEXURE

1. Display of Arrest Information:  Every police station and district must now have a designated police officer not below the rank of ASI, and it will display the information of all arrested individuals. Undeniably, this will safeguard the rights of the accused persons and mitigate instances of custodial violence and illegal detention by police.
2. Progress Updates to Victims: Victims are entitled to get an update on the progress of their case within 90 days. This provision keeps victims informed and involved in the legal process, enhancing transparency and trust and making the audience feel more informed and involved.Supply of police report and other documents: Within 14 days, the accused and the victim must receive copies of the FIR, police report/chargesheet, statements, confessions, and other documents.
3. Witness Protection Scheme: The new laws mandate that all State Governments implement a Witness Protection Scheme to ensure the safety and security of witnesses, enhancing the credibility and effectiveness of legal proceedings.

ANNEXURE

1. Exemption from going to police stations: Women, children under 15, people over 60, and those with disabilities or acute illnesses are exempt from attending police stations.
2. Section 360 of BNSS mandates that the victim be heard before withdrawal from prosecution. This statutory recognition of the victim’s right to be heard is a significant example of a Nyaya-centric approach to criminal justice. By mandatorily hearing the victim in proceedings regarding case withdrawal, the justice system becomes more responsive to the needs and concerns of those directly affected by crime.

(B) Provisions for the Protection of Women and Children

1. In a new chapter V of BNS, offenses against women and children have been given precedence over all other crimes.
2. Various offenses against women and children have been made gender-neutral in BNS, covering all victims and perpetrators regardless of gender.
3. In BNS, the age differential for minor victims of gang rape has been done away with. Earlier, different punishments were prescribed for gang rape on a girl below the age of 16 years and 12 years. The new law has modified this provision, and now gangrape on a woman below the age of eighteen years is punishable with imprisonment of life or death.

ANNEXURE

1. The law recognizes women as adult family members who can receive summons on behalf of the person summoned. The earlier reference to ‘some adult male member’ has been replaced with ‘some adult member.’
2. To provide more protection to the victim and enforce transparency in an investigation related to an offense of rape, the police shall record the victim’s statement through audio-video means.
3. For certain offenses against women, the victim’s statement is to be recorded, as far as practicable, by a woman Magistrate and, in her absence, a male Magistrate in the presence of a woman to ensure sensitivity and fairness and create a supportive environment for victims, making the audience feel respected and valued.Medical practitioners are mandated to send the medical report of a victim of rape to the investigating officer within 7 days.
4. The law provides that no male person under the age of fifteen years or above the age of 60 years (65 years earlier), a woman, a mentally or physically disabled person, or a person with acute illness shall be required to attend at any place other than the place in which such male person or woman resides. In cases where such a person is willing to attend the police station, they may be allowed to do so.

ANNEXURE

1. The new laws provide free first-aid or medical treatment to victims of crimes against women and children at all hospitals. This provision ensures immediate access to essential medical care, prioritizing the well-being and recovery of victims during challenging times.

(C) Provision relating to use of Technology and Forensics

i. Forensic Evidence Collection and Videography: To strengthen the case and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offenses and collect evidence in offenses that are punishable for 7 years or more. Additionally, authorities will videograph the evidence collection process at the crime scene to prevent evidence tampering. This dual approach significantly enhances the quality and reliability of investigations and contributes to a fair administration of justice.

1. Electronic Summons: Authorities can now serve summons electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties.
2. All proceedings in Electronic Mode: The new laws conduct all legal proceedings electronically, offering convenience to victims, witnesses, and accused, thereby streamlining and expediting the entire legal process.

ANNEXURE

(D) Timelines

i. Faster and Fair Resolution: The new laws promise a faster and fair resolution of cases, instilling confidence in the legal system. Crucial stages of investigation and trial should complete in the period which the law has stipulated. Details are as follows:

Preliminary inquiry: 14 days

Further investigation: 90 days

Supply of documents to the victim and accused: 14 days

Commitment of a case for trial: within 90 days

Filing of discharge applications: within 60 days

Framing of charges: within 60 days

Pronouncement of judgment: within 45 days

Filing of mercy petitions: 30 days before Governor and 60 days before President

1. Fast-Track Investigations: The new laws prioritized the investigations for offenses against women and children. Significantly, this should ensure timely completion within two months of recording information.
2. Limited Adjournments: Courts can grant a maximum of two adjournments to avoid unnecessary delays. Markedly, this is applicable in case hearings and will ensure timely justice delivery.

ANNEXURE

(E) Reformative Approach

i. Community service: The new laws introduce community service for minor offenses. The offenders get the chance to positively contribute to society, learn from their mistakes, and build stronger community bonds.

ii.   Expansion of the ambit of summary trial: Presently, the law has expanded the summary trial to include more offenses. Thereupon, this will ensure expeditious disposal of cases.

(F) Rights of the Accused

The law has curtailed arbitrary arrests of individuals solely to initiate judicial proceedings. The police now need not arrest an accused person just for the Magistrate to take cognizance of the police report. In like manner, the authorities need no arrest for taking handwriting, signature, fingerprint, or voice samples.

(G) New Offences

1. The law has added new offenses addressing terrorist acts, acts endangering sovereignty, unity, and integrity of India, mob lynching, snatching, organized crime, petty organized crime, etc.

ANNEXURE

1. Law has prescribed harsher punishment for repeat theft offenders. At this point, it is a mandatory minimum sentence of 1 year extendable to 5 years with a fine. However, to prevent petty theft from becoming a gateway crime, first-time offenders are punished only with community service, where the value of the stolen property is less than Rs. 5000, and either they return such value, or till they restore such property.

(H) Trial in Absentia

A new provision of trial in absentia for persons declared as proclaimed offenders allows the Court to proceed with the trial. Thereafter, it can pronounce the verdict in the accused’s absence. This provision ensures that justice is neither delayed nor denied.

Source: http://www.pib.gov.in/Pressreleaseshare.aspx?PRID=2082757

Interested to know more about India’s New Criminal codes – check out this article published by The Hindu.

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