As of July 1st, three new criminal laws have come into effect in India, significantly altering the landscape of the criminal justice system. The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively. These reforms aim to modernize and streamline legal processes, ensuring quicker and more efficient justice.
One of the most impactful changes is the introduction of the zero FIR. This allows individuals to file a First Information Report (FIR) at any police station, regardless of jurisdiction. The purpose is to eliminate delays in initiating legal proceedings, ensuring that the offence is reported and acted upon immediately. Additionally, police complaints can now be registered online, allowing people to report incidents via electronic communication without the need to visit a police station physically.
To enhance the integrity and reliability of investigations, forensic experts are now required to visit crime scenes for serious offences and collect evidence. The evidence collection process must be videographed, preventing tampering and ensuring a transparent investigation.
The new laws ensure that victims receive a free copy of the FIR, which fosters their involvement in the legal process. Furthermore, in the event of an arrest, the individual has the right to inform a person of their choice, ensuring they receive immediate support and assistance. Arrest details will also be prominently displayed at police stations and district headquarters for easy access by families and friends.
The laws prioritize timely investigations for offences against women and children, mandating that these investigations be completed within two months. Victims are entitled to regular updates on the progress of their cases within 90 days, enhancing transparency and trust in the legal process. Additionally, victims of crimes against women and children are guaranteed free first-aid or medical treatment at all hospitals, ensuring they receive immediate and essential medical care.
Summons can now be served electronically, expediting legal processes and reducing paperwork. This change ensures efficient communication between all parties involved. To avoid unnecessary delays, courts are now limited to granting a maximum of two adjournments per case, promoting timely justice delivery.
All state governments are required to implement a witness protection scheme under the new laws. This measure is designed to ensure the safety and cooperation of witnesses, thereby enhancing the credibility and effectiveness of legal proceedings. For offences such as rape, the victim’s statement must be recorded through audio-visual means by the police, providing additional protection and transparency.
Certain individuals are exempted from attending police stations. These include women, individuals below 15 years of age, those above 60 years, and persons with disabilities or acute illnesses. These individuals can receive police assistance at their place of residence, making the legal process more accessible and accommodating. It includes:
Identify the Police Station: With zero FIR, you can file the report at any police station, regardless of the jurisdiction.
Provide Details: When filing the FIR, provide all necessary details about the incident, including the date, time, location, and nature of the offence.
Online Registration: Alternatively, use the online portal to register your complaint electronically. Ensure that all relevant details and any evidence are included.
Receive a Copy: Once the FIR is registered, request a free copy of the FIR from the police station.
Follow Up: Stay in contact with the investigating officer for updates on your case. Victims of serious crimes will receive regular updates within 90 days.
The new criminal laws mark a significant shift towards a more efficient, transparent, and victim-friendly justice system in India. By modernizing procedures and ensuring timely action, these changes aim to deliver justice more effectively while protecting the rights and well-being of all parties involved.