India’s legal landscape is undergoing a significant transformation with the implementation of three new criminal laws: the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023. These laws, effective from July 1st, 2023, replace the outdated British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, marking a substantial modernization of the criminal justice system.
One of the most notable changes introduced by these new laws is the increased emphasis on technology and digitalization. Summons can now be served electronically, streamlining the legal process and facilitating efficient communication among all parties involved. This shift towards electronic modes reduces paperwork and enhances the overall effectiveness of legal proceedings.
Furthermore, the new legislation prioritizes transparency and accountability within the police force. Police stations and district headquarters are mandated to display arrest details prominently, making it easier for families and friends of arrested individuals to access crucial information. This provision fosters a more transparent and accessible legal system.
In a significant step towards safeguarding victims’ rights, the new laws ensure that victims receive a complimentary copy of the First Information Report (FIR). This guarantees their active participation in the legal proceedings, empowering them to advocate for their interests and stay informed throughout the investigation and trial process.
The new laws also introduce a range of measures designed to strengthen investigations and enhance the collection of evidence. Forensic experts are now required to visit crime scenes for serious offenses, ensuring a thorough examination and gathering of evidence. To prevent tampering, the entire evidence collection process must be videographed, providing a comprehensive and verifiable record of the investigation.
Recognizing the vulnerability of women and children as victims of crime, the new laws prioritize investigations of offenses against these groups. Investigations are mandated to be completed within two months of the initial report, ensuring prompt action and justice for the victims. Furthermore, victims are entitled to regular updates on the progress of their case every 90 days, providing them with reassurance and transparency throughout the process.
To ensure comprehensive support for victims of crimes against women and children, the new laws mandate that all hospitals provide free first-aid or medical treatment. This provision guarantees immediate access to essential medical care, focusing on the well-being and recovery of victims during difficult times.
The new laws also address the sensitive issue of recording victim statements, particularly in cases involving women. Ideally, a female magistrate should record the victim’s statement. However, if a female magistrate is unavailable, a male magistrate must record the statement in the presence of a woman, ensuring a sensitive and supportive environment for the victim.
To minimize delays and ensure timely justice, the new laws stipulate that both the accused and the victim have the right to receive copies of the FIR, police report, chargesheet, statements, confessions, and other relevant documents within 14 days. Courts are allowed a maximum of two adjournments to prevent unnecessary delays in hearings and ensure a swift and efficient resolution of cases.
