• The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) came into effect on July 1 bringing far-reaching changes in India’s criminal justice system. 

• The new laws replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

• The new laws will bring in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes.

• With the introduction of Zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction. This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence.

• Instances of false promise of marriage, gang rape of minors, mob lynching and chain snatching, among others, are reported but the Indian Penal Code did not have specific provisions for dealing with such incidents. These have been addressed in the BNS.

• The new laws would give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action.

Highlights of the new laws:

• According to the new laws, judgment in criminal cases has to come within 45 days of completion of trial and charges must be framed within 60 days of first hearing.

• Statement of rape victims will be recorded by a female police officer in the presence of her guardian or relative and medical reports have to come within seven days.

• Organised crimes and acts of terrorism have been defined, sedition has been replaced with treason and video recording of all search and seizure has been made mandatory.

• A new chapter on crimes against women and children has been added, buying and selling of any child has been made a heinous crime and there is a provision for a death sentence or life imprisonment for gang rape of a minor.

• The offences against women and children, murder and offences against the State have been given precedence in the new law.

• Under the new laws, victims of crime against women are entitled to regular updates on the progress of their case within 90 days. This provision keeps victims informed and involved in the legal process, enhancing transparency and trust.

• Instances of false promise of marriage, gang rape of minors, mob lynching, chain snatching, etc are reported but the current Indian Penal Code did not have specific provisions for dealing with such incidents.

• A new provision has been made for cases such as the abandonment of women after having sexual relations on the false promise of marriage.

• An interesting addition to the law is that in the event of an arrest, the individual has the right to inform a person of his choice about his or her situation. This will ensure immediate support and assistance to the arrested individual.

• Besides, arrest details will now be prominently displayed within police stations and district headquarters, allowing families and friends of the arrested person easy access to important information.

• To strengthen cases and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence.

• The new laws guarantee 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, prioritising the well-being and recovery of victims during challenging times.

• Summonses can now be served electronically, expediting legal processes, reducing paperwork and ensuring efficient communication among all parties involved.

• Both the accused and the victim are entitled to receive copies of the FIR, police report, chargesheet, statements, confessions, and other documents within 14 days.

• Courts grant a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery.

• The new laws mandate all state governments to implement witness protection schemes to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings.

• The definition of ‘gender’ now includes transgender individuals, promoting inclusivity and equality.

• By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses and accused, thereby streamlining and expediting the entire legal process.

• To provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio-video means.

• Women, persons below 15 years, persons above 60 years and those with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.

(The author is a trainer for Civil Services aspirants.)