Government Of India Overhauls Colonial-era Criminal Code, New Criminal Laws Enacted From Today. The NDA coalition government has introduced three new criminal laws, which came into effect today, to modernize India’s legal system. Union Home Minister Amit Shah said the country’s legal system has been given an ‘Indian soul’; it’s now a completely Swadeshi legal system.
He highlighted that the new criminal laws are made by Indians, for Indians and by an Indian Parliament, and would create a modern legal system.
Three New Criminal Laws
The laws that came into effect as of July 1 are:
Bharatiya Nyaya Sanhita
This replaces the Indian Penal Code and will make it easier to bring about major changes in the penal law. It protects from protection from prosecution to person(s) with mental illness.
Bharatiya Nagarik Suraksha Sanhita
This replaces the Criminal Procedure Code 1973 (CrPC), which governs the administration of the Indian Penal Code 1860 (IPC). Under the new law, first-time offenders can get bail after serving one-third of the maximum sentence, but does not apply to offences punishable by life imprisonment, when an inquiry or trial in more than one offense (or multiple cases) is pending.
Bharatiya Sakshya Adhiniyam
This will replace the Evidence Act of 1872. This new law streamlines the rules of electronic evidence and expands the scope of secondary evidence The changes that this law brings about include re-numbering and re-structuring of existing provisions.
These new laws incorporate provisions like Zero FIR and online registration of police complaints to modernize the justice system. The Union Home Minister said videography is mandatory during search and seizure operations to make the exercise transparent.
The New Laws Are Victim-Friendly
Shah explained the new laws are victim centric. He said its now compulsory to maintain a register and e-register at every police station that will list which criminal is in police custody. There won’t be a need for a habeas corpus plea in court. Shah said the focus is on justice – instead of ‘dand’, it is now Nyay’.
He pointed out that there would be speedy trial and speedy justice. Judgment in criminal cases would be given within 45 days upon completion of the trial and charges would be framed within 60 days of the first hearing.
Moreover, the new laws would protect the victims’ and complainants’ rights. The minister said the laws would help address contemporary social realities and modern-day crimes.
