3 New Criminal Law Came into Effect
Aiming to revive the Indian criminal justice system with a modernized mindset, three new criminal laws replaced the colonial-era descriptions. The three laws are constructed with a focus on crimes against women, children, and national security.
On Monday, July 1, 2024, three new criminal laws – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam came into force across the country. Previously, the colonial-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, were being implemented, which now has been replaced.
Delhi’s Kamla Market Police Station registered the first FIR (First Information Report), under these new criminal laws on Monday against a street vendor. Registered under Section 285 of Bharatiya Nyaya Sanhita, the case was registered on charges of obstructing a footover bridge at the New Delhi Railway Station.
In preparation of the new laws rolling in, posters educating people about the new laws were put up at various places, particularly police stations, across the national capital. Incorporated with information about laws and what changes they will bring, these posters have helped spread awareness in the public. These posters have been spotted at the police stations of Connaught Place, Tughlak Road, Tughlaqabad.
BHARATIYA NYAYA SANHITA
20 new crimes have been added to the Bharatiya Nyaya Sanhita, and the imprisonment sentence has been increased for 33 crimes. A mandatory minimum punishment has been introduced in 23 crimes and the amount of fine has been increased in 83 crimes. In six crimes, the penalty of community service has been introduced and 19 sections have been repealed or removed from the Act.
A new chapter titled ‘Crimes against Women and Children’ has been introduced to deal with sexual crimes. Changes in the provisions related to the rape of women below 18 years of age has been proposed. With POSCO( Protection of Children from Sexual Offences Act), provisions related to the gang rape of a minor woman are consistent. In the case of girls below 18 years of age, a provision for life imprisonment or death penalty has been made. In all cases of gang rape and the new crime category of gang rape of a woman under 18 years of age, a provision of 20 years imprisonment or life imprisonment has been stated in the Sanhita. For persons fraudulently engaging in sexual intercourse or promising to marry without the true intention to marry, the Sanhita provides targeted penalties.
For the first time in the Bharatiya Nyaya Sanhita, Terrorism has been defined and made a punishable offense.Practice of filing zero FIR has been regulated, that is irrespective of the area in which the crime took place the FIR can be lodged anywhere. These laws have also ensured the victim’s right to information ,including the right of the victim to get a copy of the FIR free of cost.
BHARATIYA NAGRIK SURAKSHA SANHITA
As against 484 sections of CrPC(Code of Criminal Procedure), Bharatiya Nagrik Suraksha Sanhita has 531 sections. The Sanhita had an addition of nine new sections as well as 39 new sub-sections, while a total of 177 provisions were changed. A total of 44 new provisions and clarifications have been added to the act and 14 sections have been repealed and removed.
BHARATIYA SAKSHYA ADHINIYAM
As against the original 167 provisions, the Bharatiya Sakshya Adhiniyam will now have 170 provisions. A total of 24 provisions have been changed, with an addition of two new provisions and six sub-provisions. Six provisions have been repealed or deleted from the Adhiniyam.
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