IPC, CrPC out, 3 new criminal laws come into effect: 10 key takeaways

The three new criminal laws -- Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 -- will come into force from today i.e. July 1, 2024. These three laws will completely overhaul the Indian criminal justice system by replacing the British-era Indian Penal Code (IPC), the Code of Criminal Procedure, and the Indian Evidence Act, respectively. These three Colonian-era laws were in operation for several decades, and there was a need to revamp them to keep pace with the new technological era, says the government. The main themes of the three laws are ensuring justice by applying a victim-centric approach, national security and the inclusion of digital evidence reviews.

Highlights of new criminal laws:

1. Bharatiya Nyaya Sanhita, 2023 will replace the IPC. It will have 356 sections instead of the earlier 511 sections, 175 sections have been changed, 8 new sections have been added and 22 sections have been repealed. Bharatiya Nagarik Suraksha Sanhita Bill will replace CrPC. It will now have 533 sections, 160 sections have been changed, 9 new sections have been added and 9 sections have been repealed. Bharatiya Sakshya Adhiniyam, 2023, will replace the Evidence Act. It will now have 170 sections instead of the earlier 167. 23 sections have been changed, 1 new section has been added and 5 have been repealed.

2. State-of-the-art technologies have been incorporated into these laws. The definition of documents has been expanded to include electronic or digital records, e-mails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mail and messages available on devices, which can be used in courts, which will give freedom from the pile of papers.

3. A provision has been made in this law to digitise the entire process from FIR to case diary, case diary to charge sheet and from charge sheet to judgment. At present, only the appearance of the accused in court can be done through video conferencing. 

4. The new laws make videography compulsory at the time of search and seizure, which will be part of the case and this will save the innocent citizens from being implicated. No charge sheet will be valid without such recording by the police.

5. The government will set up the National Forensic Science University, which after three years will produce 33,000 forensic science experts and scientists every year. The government aims to take the conviction ratio above 90% with these laws. For this, an important provision has been provided which will make the visit of the forensic team to the crime scene compulsory for offences punishable for 7 years or more. 

6. The new laws also allow 'Zero FIR' (e-FIR) to ensure the convenience of the citizens. Wherever the crime may have happened, the citizens will be able to lodge complaints even outside of their police station area. Within 15 days of the registration of the crime, it will have to be forwarded to the concerned police station. 

7. The statement of the victim has been made compulsory in the case of sexual violence and video recording of the statement has also been made compulsory in the case of sexual harassment. It will be compulsory for the police to give the status of the complaint to the complainant in 90 days and thereafter every 15 days. No government will be able to withdraw a case of imprisonment of 7 years or more without hearing the victim, which will protect the rights of the citizens. 

8. For the first time, the government is bringing community service as a punishment. The scope of summary trials in small cases has also been increased. Now offenses punishable up to 3 years will be included in summary trial. A time limit of 90 days has been fixed for filing the charge sheet and depending on the situation, the court will be able to give permission for a further 90 days. 

9. The government will have to decide on the permission for trial against a civil servant or police officer in 120 days, otherwise, it will be treated as deemed permission and the trial will be started. The government has also added new provisions for different types of harsh punishment against inter-state gangs and organised crimes. 

10. For the first time, a provision has been made to criminalise sexual intercourse on the basis of false promises of marriage, employment and promotion and on the basis of false identity. In all cases of gang rape, a provision of 20 years of punishment or life imprisonment has been made, which is not being implemented today. In the case of girls below 18 years of age, a provision of the death penalty has also been kept. For mob lynching, all three provisions of 7 years, life imprisonment and the death penalty have been kept. There was no provision for mobile phones or chain snatching from women, but now provision has been kept for the same.