Colonial-era IPC gives way to new criminal laws from Monday; key takeaways

Provisions including zero FIR, online registration of complaints come into effect

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Gone are the days of colonial-era laws, the newly enacted criminal laws will be coming into effect from Monday onwards. Several states have organised proper training for the force to embrace the new laws.  

The three new criminal laws--The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam--will replace the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

Provisions including zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes are the few changes that will be adopted from hereon.

Union Home Minister Amit Shah had said that the new laws would give priority to providing justice unlike the British-era laws that gave supremacy to penal action.

"These laws are made by Indians, for Indians and by an Indian Parliament and marks the end of colonial criminal justice laws," he said. He assured that these new laws would ensure political, economic and social justice with Indian ethos.

Key changes under the new laws

1. As per 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.

2. Female police officers will be recording statements of rape victims in the presence of a guardian or relative. The reports have to come within seven days.

3. Also, under the new law, buying and selling of any child has been made a heinous crime. A provision for a death sentence or life imprisonment is included for gang rape of a minor.

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

5. New provisions have been made for cases such as the abandonment of women after making sexual relations on the false promise of marriage.

6. In the event of an arrest, the individual has the right to inform a person of his choice about his or her situation. This ensures immediate support and assistance to the arrested individual.

7. Victims of crime against women are entitled to regular updates on the progress of their case within 90 days.

8. The new laws guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals.

9. The new laws mandate all state governments to implement witness protection schemes to ensure the safety and cooperation of witnesses

10. Sedition has been replaced with treason and video recording of all search and seizure has been made mandatory

Welcome the change’

While speaking at an event organised by the Ministry of Law and Justice titled 'India's Progressive Path in the Administration of Criminal Justice System,' Bombay High Court Chief Justice Devendra Kumar Upadhyaya urged the people to welcome and implement the new laws with a changed mindset.

He said those responsible for delivering justice under the new legal framework, to be implemented from July 1, should embrace their responsibilities.

"It is our natural tendency to resist change or we loathe to come out of our comfort zone. It is a fear of the unknown that causes this resistance and engulfs our rationale," CJ Upadhyaya said.

Meanwhile, several states are geared up to implement the new laws. "Proper trainings were organised to understand the new laws. Those who received the training were given handbooks to understand the new laws," a senior officer of the Delhi Police said.

During the last 15 days, the Delhi Police personnel initiated a trial process where they registered dummy FIRs, said the officer.

(With PTI inputs)

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