In a landmark move, three new criminal laws will come into effect across India from Monday, replacing colonial-era legislations and ushering in significant reforms in the criminal justice system. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will supersede the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.

The new laws aim to modernise India’s justice system, incorporating provisions such as Zero FIR, online registration of police complaints, and electronic summonses. “These laws have been crafted to address contemporary social realities and crimes, ensuring mechanisms that reflect the ideals enshrined in our Constitution,” official sources told news agency PTI.

Union Home Minister Amit Shah, who spearheaded the legislative overhaul, emphasised the focus on justice over penal action. “These laws are made by Indians, for Indians, and by an Indian Parliament, marking the end of colonial criminal justice laws,” he said. Shah highlighted that the changes are more than just a renaming exercise. “The soul, body, and spirit of the new laws are Indian,” he remarked.

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Zero FIR, Specific Provisions For Mob Lynching, Electronic Service Of Summonses Among Key Reforms In New Laws

Key reforms include mandatory videography of crime scenes for heinous crimes. The new law entails that judgments in criminal cases be delivered within 45 days of trial completion and charges must be framed within 60 days of the first hearing. Additionally, statements from rape victims will now be recorded by female police officers in the presence of a guardian or relative, with medical reports required within seven days.

The new legislation also defines organised crimes and acts of terrorism, replaces sedition with treason, and mandates video recording of all search and seizure operations. A new chapter on crimes against women and children has been introduced, classifying the buying and selling of any child as a heinous crime and stipulating the death penalty or life imprisonment for gang rape of a minor.

PTI reported sources as indicating that overlapping sections have been streamlined, reducing the number of sections from 511 in the Indian Penal Code to 358 in the Bharatiya Nyaya Sanhita. “Definitions previously scattered across sections 6 to 52 have been consolidated,” they added.

Instances such as false promises of marriage, gang rape of minors, and mob lynching, which lacked specific provisions under the old laws, are now addressed, sources told PTI. The new laws also introduce provisions for electronic communication of reports, enabling faster and more efficient police response.

One notable reform is the introduction of Zero FIR, allowing individuals to file FIRs at any police station, regardless of jurisdiction, eliminating delays in legal proceedings. Moreover, those arrested now have the right to inform a person of their choice about their situation, ensuring immediate support.

Arrest details will be prominently displayed within police stations and district headquarters, allowing easy access to information for families and friends of the arrested individuals.

Forensic experts are now mandated to visit crime scenes for serious offences, strengthening cases and investigations.

Victims of crimes against women will receive regular updates on their cases within 90 days, ensuring transparency and trust. Additionally, victims are guaranteed free first-aid or medical treatment at all hospitals, prioritising their well-being.

Electronic service of summonses aims to expedite legal processes, reducing paperwork and enhancing communication efficiency.

Statements from victims of certain offences against women are to be recorded by female magistrates or, if unavailable, in the presence of a female officer.

Both the accused and victims are entitled to receive copies of FIRs, police reports, charge sheets, statements, confessions, and other documents within 14 days. Courts are limited to granting a maximum of two adjournments to prevent unnecessary delays.

To protect witnesses and enhance the credibility of legal proceedings, state governments are mandated to implement witness protection schemes.

The new laws also promote inclusivity as the definition of gender includes transgender.

By conducting all legal proceedings electronically, the new laws aim to streamline and expedite the entire legal process. The statement of rape victims will be recorded through audio-video means, ensuring transparency and protection for victims.

Furthermore, women, individuals under 15, over 60, or those with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence, creating a more supportive environment for vulnerable groups.