Starting July 1, India will introduce three new criminal laws: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These laws will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, which date back to the colonial era. This major overhaul aims to modernize and improve the Indian criminal justice system.
Key Points About the New Laws:
- Speedy Judgments and Charges: Judgments in criminal cases must be delivered within 45 days after the trial ends. Charges should be framed within 60 days from the first court hearing. All state governments are required to implement witness protection schemes to safeguard those who testify in criminal cases.
- Support for Rape Victims: Statements from rape victims will now be recorded by female police officers. A guardian or relative of the victim must be present during the statement recording. Medical examinations of rape victims must be completed within seven days to ensure timely support and evidence collection.
- Crimes Against Women and Children: A new chapter in the laws addresses crimes against women and children specifically. The buying or selling of a child is categorized as a heinous crime. Gang rape of a minor can result in a death sentence or life imprisonment, reflecting the severity of the crime.
- Protection Against Deception: There are now specified punishments for deceiving women with false promises of marriage and then abandoning them.
- Victim Support and Medical Care: Victims of crimes against women are entitled to regular updates on their cases within 90 days. Hospitals must provide free first aid or medical treatment to victims of crimes against women and children, ensuring they receive immediate care.
- Access to Legal Documents: Both the accused and victims are entitled to copies of all legal documents, including FIRs, police reports, and charge sheets within 14 days. Courts are limited to a maximum of two adjournments to minimize delays in the judicial process.
- Reporting Crimes: Crimes can now be reported via electronic communication, making it easier for people to file reports. Zero FIR allows individuals to file FIRs at any police station, regardless of jurisdiction, ensuring prompt registration of complaints.
- Rights of Arrested Individuals: Arrested individuals have the right to inform a person of their choice about their arrest, ensuring immediate support. Details of arrests must be clearly displayed at police stations and district headquarters to maintain transparency.
- Forensic Evidence Collection: Forensic experts are required to visit the scenes of serious crimes to collect evidence, enhancing the accuracy of criminal investigations.
- Inclusive Definition of Gender: The legal definition of “gender” now includes transgender individuals, promoting inclusivity. For specific crimes against women, statements should be taken by a woman magistrate whenever possible, ensuring sensitivity in handling such cases.
These new laws aim to create a more efficient, supportive, and inclusive criminal justice system in India. By addressing delays, ensuring victim support, and incorporating modern technology and forensic science, these changes are expected to significantly improve the handling of criminal cases. The inclusion of transgender individuals in the legal definition of gender marks a progressive step towards greater equality and recognition of diverse identities in the legal framework.
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