New criminal laws: Zero FIR, online complaints, videography of all crime scenes set to transform legal procedures
New Delhi: The three new criminal laws set to take effect from July 1 highlight key changes such as Zero FIR, online registration of police complaints, electronic summons, and mandatory videography of crime scenes for all serious crimes.
The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 represent a significant move towards empowering Indian citizens and aim to create a more accessible, supportive, and efficient justice system for all, according to official sources.
These new laws, enacted late last year, will replace the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.
Under the new laws, individuals can report incidents via electronic communication, eliminating the need to visit a police station physically. This facilitates quicker reporting and prompt police action.
The introduction of Zero FIR allows anyone to file a First Information Report (FIR) at any police station, regardless of jurisdiction, eliminating delays in initiating legal proceedings and ensuring immediate reporting of offences.
Victims will receive a free copy of the FIR, ensuring their participation in the legal process.
One notable addition is that in the event of an arrest, the individual has the right to inform a person of their choice about their situation, ensuring immediate support and assistance. Arrest details will also be prominently displayed in police stations and district headquarters, providing families and friends with easy access to important information.
To strengthen investigations, forensic experts must now visit crime scenes for serious offences and collect evidence.
The evidence collection process will also be mandatorily videographed to prevent tampering, enhancing the quality and reliability of investigations and contributing to a fair administration of justice.The new laws prioritise investigations for offences against women and children, ensuring timely completion within two months of recording information. Victims are entitled to regular updates on the progress of their cases within 90 days, enhancing transparency and trust.
Victims of crimes against women and children are guaranteed free first aid or medical treatment at all hospitals, ensuring immediate access to essential care during challenging times.
Summons can now be served electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.
For certain offences against women, statements of the victim are to be recorded, whenever possible, by a woman magistrate or, in her absence, by a male magistrate in the presence of a woman, ensuring sensitivity and fairness.
Both the accused and the victim are entitled to receive copies of the FIR, police report, chargesheet, statements, confessions, and other documents within 14 days.Courts are limited to granting a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery.
The new laws mandate all state governments to implement a witness protection scheme to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings.
The definition of “gender” now includes transgender individuals, promoting inclusivity and equality.By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses, and the accused, streamlining and expediting the entire legal process.
To ensure transparency in investigations related to rape, the statement of the victim shall be recorded through audio-video means by the police.
Women, individuals below 15 years, those above 60 years, and those with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.
A new chapter in the BNS specifically addresses offences against women and children, ensuring focused protection and justice.
Various offences against women and children have been made gender-neutral in the BNS, covering all victims and perpetrators regardless of gender.
The new laws introduce community service for minor offences to promote personal growth and social responsibility. Offenders get the chance to positively contribute to society, learn from their mistakes, and build stronger community bonds.
Fines imposed for certain crimes have been aligned with the severity of the offences, ensuring fair and proportional punishment, deterring future offences, and maintaining public trust in the legal system.
Legal processes have been simplified to make them easier to understand and follow, ensuring fair and accessible justice.
The new laws promise faster and fairer resolution of cases, instilling confidence in the legal system.
The legislations were considered and passed by Parliament in its winter session in 2023, with participation from 37 members of the Lok Sabha and 40 members of the Rajya Sabha. with agency inputs
