New Criminal Laws and Procedures (A Guide): Colonial Era IPC Replaced
With the implementation of new criminal laws on July 1, several significant changes have been introduced to streamline and modernize the legal process in India. The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 replace the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively. Here’s an overview of the key highlights and how to navigate the new system.
Filing an FIR: Zero FIR and Electronic Reporting
Under the new criminal laws, filing an FIR has become more accessible. The concept of Zero FIR allows anyone to file an FIR at any police station, irrespective of jurisdiction, eliminating delays in initiating legal proceedings. Additionally, FIRs can now be filed electronically, making it easier for people to report incidents without visiting a police station physically. This change facilitates prompt action by the police, ensuring quicker responses to reported offences.
Rights of the Complainant and the Arrested in New Criminal Laws
Victims will receive a free copy of the FIR, ensuring their active participation in the legal process. In case of an arrest, the individual has the right to inform a person of their choice, providing immediate support. Arrest details will be prominently displayed within police stations and district headquarters, allowing families easy access to information.
Crime Scene Videography and Forensic Involvement
To enhance the reliability of investigations, forensic experts must visit crime scenes for serious offences, and the entire evidence collection process will be videographed. This dual approach prevents evidence tampering and ensures a fair administration of justice.
Prioritizing Offences Against Women and Children
The new criminal laws mandate that investigations for offences against women and children be completed within two months. Victims are entitled to regular updates on their case progress, ensuring transparency and trust in the legal process. Additionally, victims of crimes against women and children are guaranteed free first-aid or medical treatment at all hospitals, prioritizing their well-being and recovery.
Summons and Timely Justice Delivery in New Criminal Laws
Summons can now be served electronically, expediting legal processes and reducing paperwork. Courts are limited to granting a maximum of two adjournments to avoid unnecessary delays, ensuring timely justice delivery.
Witness Protection and Special Provisions
State governments must implement a witness protection scheme to ensure the safety and cooperation of witnesses. Statements of rape victims will be recorded via audio-video means to enhance transparency. Moreover, women, persons below 15 years, persons above 60 years, and those with disabilities or acute illness are exempted from attending police stations and receiving assistance at their place of residence instead.
Proportional Fines for Crimes in New Criminal Laws
The fines for certain crimes have been aligned with the severity of the offences, ensuring fair and proportional punishment. This measure deters future offences and maintains public trust in the legal system.
These new criminal laws represent a significant step forward in modernizing India’s criminal justice system, ensuring greater accessibility, transparency, and efficiency for all citizens.
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