Major Overhaul in India’s Criminal Justice System: New Laws Explained

Starting July 1, India will witness a significant transformation in its criminal justice system with the implementation of three new laws: the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These laws replace the outdated Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. Here are the key changes:

1. Timely Justice: Criminal case judgments must be delivered within 45 days after the trial concludes, and charges must be framed within 60 days of the first hearing. Additionally, all state governments are required to implement witness protection schemes.
2. Protection for Rape Victims: Statements from rape victims will now be recorded by a female police officer in the presence of the victim’s guardian or relative. Medical reports must be completed within seven days.
3. Crimes Against Women and Children: A new chapter specifically addresses crimes against women and children. Buying or selling a child is classified as a heinous crime with severe penalties. Gang rape of a minor can result in a death sentence or life imprisonment.
4. Protection from False Marriage Promises: The new law includes punishments for cases where women are abandoned after being misled by false promises of marriage.
5. Electronic Reporting: Incidents can now be reported via electronic communication, eliminating the need to visit a police station. The introduction of Zero FIR allows individuals to file a First Information Report at any police station, regardless of jurisdiction.
6. Right to Inform: An arrested person has the right to inform a person of their choice about their situation for immediate support. Arrest details will be prominently displayed in police stations and district headquarters for easy access by families and friends.
7. Mandatory Forensic Involvement: Forensic experts must visit crime scenes for serious offences and collect evidence.
8. Inclusive Definition of Gender: The definition of “gender” now includes transgender people. For certain offences against women, victim statements should be recorded by a woman magistrate when possible.

These changes aim to modernize India’s criminal justice system, ensuring swift justice, better protection for victims, and greater inclusivity.