As of Monday, July 1, 2024, India will witness the implementation of three new criminal laws: the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. These will replace the long-standing Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively. The Centre reassures the public that the criminal justice system is well-prepared to adapt to these significant changes.
One of the most notable shifts is the extension of police custody limits. Previously capped at 15 days, the new laws allow for police custody to be extended up to 60 or even 90 days. This provision, part of Section 187 of the Bharatiya Nagarik Suraksha Sanhita, has raised concerns among legal professionals and opposition parties alike.
Key Highlights of the New Laws
The new legislation introduces several reforms aimed at modernizing and streamlining the criminal justice process:
- Reporting Incidents Electronically: Citizens can now report crimes via electronic communication without needing to visit a police station.
- ‘Zero’ FIR: FIRs can be filed at any police station, regardless of jurisdiction, and victims will receive a free copy of the FIR (Section 173).
- Right to Inform: Individuals arrested have the right to inform a person of their choice about their arrest (Section 36).
Mixed Reactions and Concerns
While some praise the new laws for prioritizing justice over punishment, others criticize the rapid implementation. West Bengal Chief Minister Mamata Banerjee, along with other opposition leaders, has called for a parliamentary review. The Bar Council of India has also expressed reservations, urging for thorough discussions before the laws are rolled out.
Despite these concerns, the Centre stands firm in its belief that these changes are for the better. President Droupadi Murmu, addressing a joint session of Parliament, emphasized that the outdated colonial-era penal system needed to be replaced. She commended the National Democratic Alliance for having the “courage” to implement these reforms, aligning them with the spirit of the Indian Constitution.
Preparations for Implementation
In preparation for the rollout, extensive training programs have been conducted. Union ministries, state and Union Territory officials, and police chiefs have been involved in these preparations. The National Crime Records Bureau, Bureau of Police Research & Development, and the National Informatics Centre have introduced applications like eSakshya, NyayShruti, and eSummon to assist in the digital transition. Over four million grassroots functionaries and half a million police, prison, forensic, judicial, and prosecution officials have been trained.
Focus on Women and Children
The new laws place significant emphasis on the protection of women and children. Forensic experts are now required to visit crime scenes for serious offences, with mandatory videography to prevent evidence tampering (Section 176). Investigations of crimes against women and children must be completed within two months (Section 193). Electronic service of summons (Sections 64, 70, 71) and limits on court adjournments to avoid delays (Section 346) are also key features.
The laws mandate all state governments to implement the Witness Protection Scheme (Section 398) and introduce community service for minor offences (Sections 4, 202, 209, 226, 303, 355, 356).
Opposition’s Dissent
Despite the Centre’s confidence, opposition members such as P Chidambaram from the Congress and Derek O’Brien from the Trinamool Congress have highlighted issues with the new laws. They point out that 75% of existing provisions have been retained verbatim, questioning the extent of the so-called reforms.
Conclusion
The new criminal laws mark a significant shift in India’s approach to justice, with increased police powers and a focus on modernizing the system. While the Centre advocates these changes as necessary and beneficial, the rapid implementation and increased police custody limits have sparked debate and concern among various stakeholders. The effectiveness and impact of these laws will be closely monitored as they come into force.