New criminal laws come into force today, to replace colonial-era IPC: All you need to know

•Any person can file a Zero FIR at any police station, regardless of jurisdiction

Three new criminal laws will take effect nationwide from Monday by replacing colonial-era legislations.

The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) were passed in Parliament in December 2023. It will replace the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872 respectively.

From Monday, all FIRs will be registered under the new laws. However, all cases registered before July 1 will continue to be tried under IPC, CrPC and Indian Evidence Act.

Here are some of the key aspects of  the new law.

•Criminal case judgments must be delivered within 45 days after the trial ends. Charges must be framed within 60 days of the first hearing. All state governments must implement witness protection schemes to ensure the safety of witnesses.

•Any person can file a Zero FIR at any police station, regardless of jurisdiction. It will permit online registration of police complaints and electronic serving of summons.

•The three laws are being implemented after detailed consultation with all stakeholders including Supreme Court and High Court judges, chief ministers, civil servant and police officer among others.

•Statements from rape victims will be recorded by a female police officer in the presence of the victim’s guardian or relative. Medical reports must be completed within seven days.

• A new chapter addresses crimes against women and children. Buying or selling a child is considered a heinous crime, punishable by severe penalties. Gangrape of a minor can result in a death sentence or life imprisonment.

• Videography of crime scenes is mandatory for all heinous crimes. Summonses can be served electronically, expediting the legal processes.

•For the first time, the BNS, under Clause 103, recognises murder on the ground of race, caste, or community as a separate offence.

•New provisions have been made in view of emerging crimes like gang rapes, killing by mobs, false promise of marriage and others.

•Both the accused and the victim are entitled to receive copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. Courts are allowed a maximum of two adjournments to avoid unnecessary delays in case hearings.

•The definition of "gender" now includes transgender people. For certain offences against women, victim statements should be recorded by a woman magistrate when possible.

•A new provision has been made for cases such as abandonment of women after making sexual relations on the false promise of marriage.

•There is  also the inclusion of offences such as organised crime and terror, previously in the ambit of specific stringent laws like Unlawful Activities Prevention Act for terrorism, and state-specific laws such as the Maharashtra Control of Organised Crime Act for organised crime.

What are the pros and cons?

Among key positive changes is the introduction of community service as an alternate form of punishment for some offences. These include small theft, defamation, and attempt to die by suicide with an intention to keep a public official from discharging his/her duty. Also, sexual intercourse with a minor wife has been brought under the ambit of rape. The IPC had carved out only one exception for marital rape — intercourse with wife who is less than the age of 15 years.

Speaking to Economic Times, advocate Sumit Gehlot from Fidelegal Advocates and Solicitor said, "In the New Criminal Laws, law enforcement agencies have been given unfettered powers without checks and balances and safeguards and safety provisions have been ignored, which will be prone to misuse. Under the New Criminal Laws, there will be potential violations of civil liberties."

According to him,  Sedition Law under Section 150 of BNS, the offence has been made “Draconian”. “Section 150 will surely be challenged, as will other provisions, which will result in being struck down by constitutional courts. The insertion of the Sedition Law as a backdoor entry seems to be for political reasons. Why is terrorism inserted as a general penal law offence when it is already punishable under special legislation? Why has police custody been extended from 15 days to 90 days, “ he said.

Meanehile, he Opposition parties, including the Congress, said decision to implement the new criminal laws from July 1 has been taken in haste.

(With inputs from agencies )