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Nasir Ali
Srinagar: The Union Government has notified that the new criminal laws – will come into effect from July 1,2024. The three new criminal laws which will completely overhaul the country’s criminal justice system.
In an informative interview with ‘Asia Speaks‘, Prosecuting Officer Asifa Rashid Mir (JKPS), currently posted at the District Court Srinagar, shared insights regarding the recently amended criminal laws.
She expressed, The New Criminal laws that are Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) & the Bharatiya Sakshya Adhiniyam(BSA) have been recently introduced wherein the major objective of overhauling criminal law was because of the changing society and time bound justice delivery system. Indian democracy needed a comprehensive review of criminal laws and adopt them in accordance of contemporary needs and aspirations of people.
SOME MAJOR CHANGES IN THE NEWLY INTRODUCED CRIMINAL LAWS ARE AS FOLLOWS:
BNSS (new crpc):
The most important one is introduction of ‘e-FIR’ wherein Section 173 also provides for registration of the FIR electronically. However, the signature of the person giving such information is required to be taken within three days before the e-FIR can be taken on record. This provision has come as a major relief for women victims. This will help them not only prompt the registration of sensitive cases but also help them in not repeat their ordeal while registering their FIR.
BNSS has now given a statutory mandate for ‘Zero FIR’. The provision of Zero FIR will help the victims as the police officer is duty-bound to register the first information regardless of the territorial jurisdiction.
Apart from this, Section 173(3) of BNSS has given statutory recognition to ‘preliminary enquiry’ for cases punishable with three years or more but less than seven years. The same shall be conducted with the prior permission from an officer not below the rank of Deputy Superintendent of Police.
Time lines of verdict pronouncement (30-45 days) and charge sheet (180 days) filing have been introduced in BNSS.
New important step of achieving reformative system of justice in society is by the introduction of “community service’ in the list of punishments in criminal laws.
There is a change in language for the terms like lunatic, insane , idiot which has been sensitised by using the term ‘intellectual disability’.
BNS (new IPC) :
Definition of Gender (section10 BNS ) enhanced by introduction of ‘Transgender’
Replacement of Sedition with treason.
Variety of offences such as snatching, organized crime, petty organized crime, definition of cruelty added.
Widened definition of ‘terrorism’ has been incorporated, which includes crimes of financial nature. Also gives discretionary powers to Police officials at the position not below the rank of Superintendent of Police to decide upon invoking general law or UAPA.
Offence of ‘Mob lynching’ has been introduced as sub type of offence of Murder. Offence of adultery has been omitted. Stringent punishment for hit and run cases.
BSA- (new evidence law):
There is introduction of court proceedings via ‘audio-visual’ for charge/discharge, examination of witnesses and admissibility of electronic evidence has been enhanced along with expanding the scope of secondary evidence, added Prosecuting Officer Asifa Rashid Mir.
Furthermore, Munir Iqbal Dar Criminal Defense Lawyer Practicing at High court and its Sub ordinate courts, informs, The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, Indian Penal Code and Criminal Procedure Code were introduced in the year 1861 by Thomas Babington Macaulay who was a law member of the Charter Act of 1833;until it was replaced by Bharatiya Nyaya Sanhita in December 2023 after about 165 years.
It was a comprehensive code intended to cover all substantive aspects of criminal law.
The basic purpose of the Criminal Procedure Code, among other things, is to ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably favoured. The realization that the existing laws are outdated remnants of the colonial era reflecting a criminal justice system that aimed to oppress rather than serve justice. Many sections of the old laws have become irrelevant and obsolete requiring an overhaul.
New Criminal Laws Replacing IPC, CrPC & Evidence Act To Come Into Force From July 1, 2024.
Latest series of developments introduced for the public good like,
For minors’ rape, life-long imprisonment or death penalty has been mandated. In case of gang-rapes, 20 years of imprisonment or lifelong imprisonment has been mandated. Additionally, the laws have been made gender-neutral by including the trade of minor boys as a crime.
While IPC had 511 sections, its successor BNS has 358; similarly, CrPC had 484 sections, while BNSS has 531. Evidence Act had 166 sections, while BSA has 170.
No sedition: Though sedition has been deleted, treason caused by armed revolution, destructive and separatist activities will be criminalized, informed advocate Munir iqbal Dar
Image credit: The Leaflet
