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Chandigarh becomes first city to implement new criminal laws

December 3, 2024, 1:35 pm

Chandigarh achieved the historic milestone of becoming the first city in India to fully implement the new Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Sanhita in lieu of the colonial-era criminal laws. Union Home Minister Amit Shah declared this achievement, hailing Chandigarh for taking up the new legal structure so quickly and efficiently within a mere five months.

Union Home Minister Amit Shah emphasized the importance of delivering time-bound justice through the new criminal justice system. He highlighted the unique and technology-driven framework introduced by these laws, aimed at ensuring efficiency and fairness in the administration of justice.

Prime Minister Narendra Modi congratulated the administration and people of Chandigarh, saying that these new laws bring a new era with them because they are eradicating the old and slavery-oriented provisions from the legal system of India. He said that the city has become a benchmark for the rest of the nation to follow the modern and progressive legal reforms.

It is hoped that when fully implemented, the Chandigarh model will become a catalyst for other states and Union Territories to work towards fulfilling the vision of a self-reliant and just India.

PM Modi to inaugurate New Criminal Laws with live demo at PEC

December 3, 2024, 11:34 am

Prime Minister Narendra Modi, who will be accompanied by Union Home Minister Amit Shah, to launch the three new criminal laws—Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam—live from Punjab Engineering College (PEC) on Tuesday.

A 30-minute crime scene investigation to be presented by Chandigarh’s Senior Superintendent of Police in a live demonstration to show the practical implementation of these reforms. The presentation is themed “Secure Society, Developed India: From Punishment to Justice” and will present three scenarios featuring innovative digital tools and techniques.

In the first scenario, a “murder and robbery case” will demonstrate the rapid deployment of a GPS-enabled PCR van and the Central Forensic Science Laboratory (CFSL) team. The second scenario is focused on the digital evidence collection process via the e-Sakshya app, enabling real-time submission of photos, videos, and timestamps to the judiciary. The final version introducing the Nyaya Setu App’s Chitrakhoji facial recognition feature for investigators in helping them refer images of faces to national databases carrying over 10 million people’s information.

The new acts, which have been placed into effect across the whole country from July 1, 2024, are meant to modernize India’s laws by solving problems such as cybercrime, organized crime and ensuring justice for victims of crimes. These reforms enhance transparency, efficiency, and adaptability within the criminal justice system of the country.

Schedule Highlights

Prime Minister Modi will reach Chandigarh at 11:25 am and land near PEC at Rajindra Park helipad. Union Home Minister Amit Shah, who reached on Monday night, will also attend the gathering. Punjab Governor and Chandigarh Administrator Gulab Chand Kataria, senior officers and newly appointed IPS officers have been invited to attend the function.

The event will feature a presentation by Chandigarh Police on the use of digital platforms such as e-Sakshya, Nyaya Setu, Nyaya Shruti, and e-Summons, which is a giant leap in streamlining law enforcement processes.

New Criminal Laws Aim At Justice, Not Punishment: Amit Shah

August 4, 2024, 5:55 pm

Union Home Minister Amit Shah praised the three new criminal laws on Sunday, emphasizing their focus on justice rather than punishment. Speaking at the inauguration of e-evidence, Nyay Setu, Nyay Shruti, and e-Summon Systems in Chandigarh, Shah highlighted the significant reforms under the Modi government, stating that the implementation of these laws will be considered the most significant reform in the last decade.

Shah criticized the outdated criminal justice system inherited from colonial times and proudly noted that the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) were created by India’s elected representatives. He asserted that these laws are designed to deliver justice, not punishment, and are thus better described as a “justice code” rather than a penal code.

Shah also projected that, once fully implemented, India will have the world’s most modern and technologically advanced criminal justice system, with the Home Ministry providing necessary training and skill-building.

Earlier in the day, Shah took a swipe at the opposition INDIA bloc, predicting that they would remain in opposition in the 2029 elections. He expressed confidence in the NDA’s continued success under Prime Minister Narendra Modi’s leadership, while criticizing the opposition for attempting to create instability and urging them to learn effective opposition practices.

Addressing the Third Gender in India’s New Criminal Law: Gaps and Future Directions

July 9, 2024, 4:57 am

Finally, from July 1st, the new criminal law has been implemented in India, replacing the old one after extensive discussions and agitations. As a social researcher and a legal professional to some extent, I appreciate the changes the legislature has introduced to address criminal issues. However, I would like to draw attention to one of the critical issues faced by the third gender since the Bhoorah Murder Case, dating back to the British period and persisting until now.

The current Bharatiya Nyaya Sanhita (BNS) speaks about gender-neutral laws and, for the first time, includes the definition of gender under Section 2(10). It states, “The pronoun ‘he’ and its derivatives are used for any person, whether male, female, or transgender.” The explanation clarifies that “transgender” shall have the meaning assigned to it in Clause (k) of Section 2 of the Transgender Persons (Protection of Rights) Act, 2019. This is the only provision where the term “transgender” is used in the entire BNS. In the chapter on sexual offences, the BNS is silent about the protection of the rights of the third gender.

Although Section 140(4) of the BNS states that “Whoever kidnaps or abducts any person to subject them to grievous hurt, slavery, or unnatural lust, or knowing it likely that such person will be subjected to such, shall be punished with imprisonment for up to ten years and a fine,” this is a gender-neutral provision. No other section particularly related to sexual offenses addresses the issues of the third gender.

The third gender groups are indeed fewer in number compared to the total population of India. According to the 2011 census, India recorded over 487,000 people identifying as the third gender, mostly from Uttar Pradesh. Their population might be small, but they are human too, experiencing the same pain and mental trauma when subjected to rape and sexual offenses.

The only punishment provisions for offenses against the third gender and transgender individuals are found in The Transgender Persons (Protection of Rights) Act, 2019. Section 18 states that anyone who compels or entices a transgender person into forced labor, denies them access to public places, forces them to leave their residence, or harms them physically or mentally shall be punishable with imprisonment of six months to two years and a fine. This section might contradict the new BNS.

Another significant issue is that neither the old Criminal Procedure Code (CRPC) nor the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, discusses arrest provisions for the third gender. There are specific procedures for the arrest of women but none for the third gender. Additionally, there are no separate prisons for the third gender which is again a legal issue.

Like many, I had great expectations from the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, especially regarding third gender protection. Here, I am not using the term transgender for them because hijras or third genders suffer from hermaphroditism, a disorder related to sexual development. True hermaphroditism, sometimes referred to as ovotesticular syndrome, is an intersex condition where an individual is born with both ovarian and testicular tissue. Hijras are physically male but have a feminine identity, taking on feminine roles and dressing like women. They do not conform to traditional notions of male or female gender but move between the two. Hijras choose their own gender identity.

Through this article, I want to highlight that hijras and kinners are different from other transgender persons in terms of their medical conditions. Their condition has been a bane for them since the colonial era when they were considered criminals under the Criminal Tribes Act. Although the act was repealed after independence, these individuals continue to suffer from sexual offenses, psychological abuse, and severe societal trauma. Even after gaining the status of the third gender in National Legal Services Authority vs. Union of India, (2014) 5 SCC 438, they did not receive full benefits. For instance, there are no separate toilets for the third gender in India, even in educational institutions, public places, or offices.

Regarding the new criminal law, it is true that the law has become gender-neutral to some extent. For example, the term ‘minor girl’ in Section 366A of the IPC has been replaced with ‘child’ in Clause 96 of the BNS to cover both male and female children below 18 years, and the offense of procurement has been made punishable. While many positive changes have been made in the BNS, the act remains silent on rape and sexual offenses related to the third gender in India, an issue that needs to be addressed. Either amendment is required in BNS or in the Transgender Act because that is a separate act which particularly enacted for the transgenders and third genders to address the issues discussed above.

Dr. Pyali Chatterjee, HOD, Faculty of Law, ICFAI, University, Raipur, Chhattisgarh
Mail id- pyali@iuraipur.edu.in

Delhi Police Educate Public On New Laws With Sessions At Over 100 Stations

July 2, 2024, 8:08 am

Delhi Police have launched extensive awareness sessions across more than 100 police stations in the national capital to educate the public about three new criminal laws that came into effect recently. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) have replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.

Residents like Kamlesh Kumar from Nangloi in the Outer district expressed appreciation for the initiative, stating that he attended an awareness session at Mundka police station to understand the new laws.

Similar sessions were held at various other stations including Nangloi, Ranhola, Nihal Vihar, Paschim Vihar East, Paschim Vihar West, Sultan Puri, Raj Park, Mangol Puri, and Rani Bagh. Senior police officials confirmed the organization of these sessions aimed at informing citizens about the changes.

Deputy Commissioner of Police (Outer) Jimmy Chiram emphasized the importance of public awareness, highlighting that understanding rights and procedures under the new laws will enhance people’s ability to navigate the justice system effectively.

Delhi Police, well-prepared with a mobile app and comprehensive training, reported smooth operations on the first day of implementing the new laws. Senior officers confirmed that no challenges were faced in registering FIRs under the provisions of the BNS across North district.

Officers from various districts attested to the readiness of their personnel, noting that extensive training had been provided to handle the new laws seamlessly. They also mentioned the proactive role of police officials in guiding citizens visiting stations to file complaints, ensuring clarity on the new legal framework.

In preparation for the transition, a committee led by Special Commissioner of Police Chhaya Sharma and including DCP Joy Tirkey and Additional DCP Uma Shankar was formed earlier this year. This committee focused on studying the new laws and preparing educational materials for police personnel.

Moving forward, investigative officers will utilize mobile phone cameras to capture crime scenes and upload them via the e-Praman application, streamlining the evidence collection process under the new legislative framework.

The New Criminal Laws – A civil liberty centric approach

July 2, 2024, 5:47 am

The Bharatiya Nyaya Samhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam are set to replace the colonial-era Indian Penal Code 1860, the Code of Criminal Procedure 1973 and the Indian Evidence Act, 1872 from July. While inaugurating a work shop, organized by the Ministry of Law and Justice, on the implementation of the three laws, the Chief Justice of India termed their enactment as a “watershed moment”. The new laws have transitioned India’s legal frame work as criminal justice into the new age.

It should be noted that changes have been made in the three laws governing the nearly 150 years old criminal justice system. There laws have now been made with the Indian soul. They prioritize laws that protect women and children, punish murderers and deter those who would harm the state. The laws seek to move towards a reformative justice system by providing for community service instead of imprisonment. The Bharatiya Nyaya Sanhita 2023, is a comprehensive effort to re-define and refocus the Indian Penal Code, 1860. The Bharatiya Nagarik Suraksha Sanhita 2023, recognizes the growing role of technology in legal proceedings.

The new laws are anti-criminal and justice oriented with a civil liberty centric approach since the Bharatiya Nagrik Suraksha Sanhita provides for supply of a copy of the First Information Report (FIR) to the victim and to inform the victim about the progress of investigation, including by digital means. There is also a provision which allows for all trials, enquiries and proceedings to be conducted electronically. Summons may also be served by electronic communication or by registered post. The process of conducting search of a place or taking possession of any property, article or thing including preparation of the list of all things seized in the course of such search and seizure and signing of such list by the witness, shall be recorded through any audio-video electronic measures and the police officer shall, without delay, forward such recording to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of First Class. To prevent misuse of power, the Investigating officer may move the court for attachment of the proceeds of crime only with the prior permission of the Superintendent of Police or the Commissioner of Police.

Regarding first information reports, the information of the commission of a cognizable offence shall be registered by the SHO irrespective the area where the offence was committed. In offences punishable with imprisonment for seven years or more, the SHO is bound to cause forensic experts to visit the crime scene to collect forensic evidence and also to take videography of the process of collection of the evidence on mobile phone or any other electronic device.

The new Act provides for admissibility of electronic or digital record as evidence, expands the scope of secondary evidence to include copies made from the original by mechanical process, copies made from or compared with the original and puts limits on facts which are admissible and its certification as such in the courts.

Community service has been included as a punishment for the first time. This process the humanizing effect of the new legislation. To ensure speedy trials, an independent Directorate of Prosecution will be established in every District. There are provisions for a summary trial for less serious offences and an opportunity is given to the victim to contest closure of the offence by the prosecution in an offence carrying punishment of over seven years. Mob lynching is a heinous crime with a provision for death penalty.

There is a baseless myth that the extension of police custody from 15 days to 90 days is a shocking provision that will enable police overreach. This is incorrect since the total period of police custody is restricted to 15 days. This change was very much needed because whenever, in any case, the investigation changed hands from the local police to the CID or CBI, the hands of the subsequent investigation agency were tied as 15 days were already over. And what we should not miss out is that it is finally the decision of the Court whether to grant police custody or not. Are those opposing their new laws, challenging the decision of the Hon’ble Courts? The feeling that the new laws threaten individual freedom are misguided since the new laws actually preserve personal liberty, have jurisdictional flexibility with mechanisms to ensure accountability.

A clear reading of the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagrik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023 and comparing them with the Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872, would clearly bring out that the introduction of the three new laws was a much needed change which has redeemed the nation from the shackles of colonial slavery and propelled the true meaning of justice and humanism in the administration of criminal justice in India.

The author is a former DG, ITBP and former Chairman, Haryana Public Service Commission. Views are personal.

Maharashtra Registers First FIR Under New Criminal Law

July 1, 2024, 6:22 pm

The Sawantwadi police in Sindhudurg district registered Maharashtra’s first FIR under the newly implemented Bharatiya Nyay Sanhita (BNS)- New Criminal Law on Monday. Deputy Chief Minister Devendra Fadnavis announced the milestone in the state assembly, though he did not provide specifics about the case.

The BNS, along with the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA)- New Criminal Law, came into effect on the same day, marking a historic overhaul of India’s criminal justice system by replacing the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively. Fadnavis, who also holds the home portfolio, stated that the first FIR under the new laws was filed at 2:19 a.m. at the Sawantwadi police station.

In addition to this legislative update, Fadnavis highlighted two landmark appointments in Maharashtra’s administration. Sujata Saunik has become the first woman to serve as the state’s chief secretary, a role she assumed on Sunday. Saunik, an IAS officer from the 1987 batch, makes history in the state’s 64-year legacy. Furthermore, Rashmi Shukla took charge as the first woman Director General of Police (DGP) in Maharashtra in January this year.

Fadnavis also mentioned that the state legislature would pass a congratulatory motion to honor the Indian cricket team for their victorious campaign in the T20 World Cup, adding a note of celebration to the session.

These announcements underscore a period of significant change and progress in Maharashtra, both in terms of legal reforms and the advancement of women in high-ranking positions.

Amit Shah: New Criminal Laws Reflect Constitutional Spirit With ‘Nyay’ Over ‘Dand’

July 1, 2024, 1:35 pm

Union Home Minister Amit Shah announced on Monday that the new criminal laws, effective today, mark the end of British-era legislation in India, transforming the criminal justice system into a wholly ‘Swadeshi’ framework. He emphasized that these laws align with the essence of our constitution and, upon full implementation, will represent the most modern legal framework.

“I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely ‘Swadeshi’. This will function on Indian ethos. After 75 years, these laws were contemplated upon and when these laws are in effect from today, colonial laws have been scrapped and laws made in the Indian Parliament are being brought into practice,” he said.

The Union Minister highlighted that “many groups will benefit” from the new laws, which place a particular emphasis on prioritizing women and children.

“Instead of ‘Dand’, it is now ‘Nyay’. Instead of delay, there will be speedy trials and speedy justice. Earlier, only the rights of the police were protected, but now, victims’ and complainants’ rights will be protected too,” he said in a press conference.

The Home Minister emphasized that the Indian Penal Code (IPC) will be replaced by the Bharatiya Nyaya Sanhita (BNS), the Criminal Procedure Code (CrPC) will be replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Indian Evidence Act will be replaced by the Bharatiya Sakshya Adhiniyam (BSA).

Opposition Slams ‘Bulldozer Justice’ as New Criminal Laws Take Effect

July 1, 2024, 12:46 pm

The government faced severe criticism from the Opposition as three new criminal laws came into effect on Monday, with accusations of pushing through legislation without proper parliamentary debate. The Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, passed in December, were lambasted as a “cut, copy and paste job” by opposition leaders who condemned the suspension of MPs during the contentious Winter Session.

Congress President Mallikarjun Kharge denounced the laws, alleging they were hurriedly passed by suspending 146 MPs, calling it a disregard for parliamentary norms. “INDIA will no longer allow this ‘Bulldozer Justice’ to run on the Parliamentary system,” he asserted.

Congress leader P Chidambaram criticized the new laws, claiming they were mostly a replication of existing laws with minor amendments. He highlighted concerns about constitutional validity and the lack of meaningful debate in Parliament. “It is another case of bulldozing three existing laws and replace them with three new Bills without adequate discussion and debate,” he remarked.

Echoing these sentiments, Congress MP Manish Tewari and NCP leader Supriya Sule raised alarms about the laws’ potential to erode civil liberties and transform the country into a police state. They criticized provisions expanding police powers, extending remand periods, and reducing judicial oversight.

Trinamool Congress MP Sagarika Ghose expressed reservations about vague language in the laws and highlighted concerns over new offenses like expanded definitions of terrorism and privacy intrusions.

The new laws, intended to modernize the justice system, replace colonial-era statutes like the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act. Union Home Minister Amit Shah defended the reforms, emphasizing improvements such as Zero FIR, online police complaints, and enhanced crime scene documentation.

New Criminal Laws: Filing FIRs, Mandatory Crime Scene Videography Explained

July 1, 2024, 11:33 am

Zero FIR, online police complaints, electronic summons, and mandatory videography of heinous crime scenes are among the significant features of the three new criminal laws effective from Monday, July 1. The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 replace the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively.

How to File an FIR Under New Criminal Laws

Individuals can now file FIRs electronically, eliminating the need to visit police stations. This facilitates quicker reporting and prompt police action. Zero FIR allows filing at any police station, regardless of jurisdiction, ensuring immediate reporting.

Will the Complainant Receive a Copy of the FIR?

Yes, victims will receive a free copy of the FIR, ensuring their involvement in the legal process.

What About Those Arrested?

Arrested individuals have the right to inform a person of their choice about their situation, ensuring immediate support. Arrest details will be prominently displayed at police stations and district headquarters for easy access by families and friends.

Crime Scene to Be Videographed

Forensic experts must now visit crime scenes for serious offences, collecting evidence. The process will be mandatorily videographed to prevent tampering, enhancing investigation quality and reliability.

Probes for Offences Against Women and Children

Investigations for offences against women and children must be completed within two months of recording the information. Victims will receive regular updates on their case progress within 90 days, enhancing transparency and trust.

Free Medical Treatment to Victims of Crimes Against Women and Children

Victims will receive free first-aid or medical treatment at all hospitals, ensuring immediate access to essential care.

Summons Can Be Served Electronically

Electronic summons expedite legal processes, reduce paperwork, and ensure efficient communication between all parties involved.

Timely Justice Delivery

Courts will grant a maximum of two adjournments to avoid unnecessary delays, ensuring timely justice delivery.

Witness Protection Scheme

State governments must implement a witness protection scheme, ensuring witness safety and cooperation, enhancing legal proceedings’ credibility. Victims of rape will have their statements recorded via audio-video means to enforce transparency.

Who Are Exempted from Attending Police Stations?

Women, persons below 15 years, persons above 60 years, and those with disabilities or acute illnesses are exempted from attending police stations and can receive assistance at their residence.

Fines for Crimes

Fines have been adjusted to match the severity of offences, ensuring fair and proportional punishment, deterring future crimes, and maintaining public trust in the legal system.

Delhi Police Commissioner Sanjay Arora: ‘We Are Ready’ as New Criminal Laws Take Effect Today

July 1, 2024, 11:11 am

In a landmark moment for India’s legal system, three new criminal laws took effect today, and the Delhi Police have begun implementing them. Delhi Police Commissioner Sanjay Arora confirmed the force’s readiness, stating, “Delhi Police is ready to implement the three new laws. We have started registering FIRs under the new laws from today morning.”

#WATCH | As three new criminal laws take effect today, Delhi Police Commissioner Sanjay Arora says, “Delhi Police is ready to implement the three new laws. We have started registering FIRs under the new laws from today morning.” pic.twitter.com/TUFa5OEOeP

— ANI (@ANI) July 1, 2024

The new statutes—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—replace the colonial-era Indian Penal Code of 1860, the Code of Criminal Procedure Act of 1898, and the Indian Evidence Act of 1872. This overhaul aims to modernize India’s criminal justice system, incorporating innovations such as Zero FIR, online complaint registration, electronic summons, and mandatory videography of crime scenes for serious offenses.

To ensure a smooth transition, the Delhi Police have undertaken extensive preparations. A 14-member committee, led by Special Commissioner of Police Chhaya Sharma, was formed to develop study materials and organize training sessions. Over the past few weeks, police personnel participated in trial runs involving dummy FIRs to become familiar with the new procedures.

Key changes under the new laws include the ability to file FIRs at any police station regardless of jurisdiction (Zero FIR) and the provision for online registration of complaints. Summonses can now be sent via electronic means such as SMS, and all heinous crimes require mandatory videography of the crime scene to prevent evidence tampering. Furthermore, the new laws stipulate that judgments in criminal cases must be delivered within 45 days of trial completion, and charges must be framed within 60 days of the first hearing.

The implementation of these laws marks a significant shift from the colonial-era legislation to a more modern, transparent, and efficient justice system. This change is expected to better serve the needs of contemporary Indian society and ensure timely and fair justice for all.

India’s Criminal Justice System Transformed with New Laws

July 1, 2024, 10:31 am

In a landmark reform, India has overhauled its colonial-era criminal justice laws by introducing three new statutes: the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. Effective from July 1, 2024, these laws replace the Indian Penal Code of 1860, the Code of Criminal Procedure Act of 1898, and the Indian Evidence Act of 1872, marking a significant modernization of the legal framework.

Major Reforms Introduced

1. Zero FIR and Digital Registration:
The concept of Zero FIR allows First Information Reports (FIRs) to be registered at any police station, irrespective of jurisdiction. Additionally, complaints can now be filed online, streamlining the process and making it more accessible.

2. Digital Summons:
Summonses can be issued through electronic means such as SMS, which speeds up and simplifies legal procedures and the new law mandate videography of crime scenes for all serious offenses to prevent tampering and ensure transparent evidence collection.

3. Expedited Justice:
The statutes require judgments in criminal cases to be delivered within 45 days of the trial’s conclusion, with charges framed within 60 days of the initial hearing.

Preparations Across States

Delhi:
The Delhi Police has conducted comprehensive training and distributed handbooks to educate officers on the new laws. A 14-member committee led by Special Commissioner Chhaya Sharma developed the training materials. A trial run with dummy FIRs was also conducted to ensure readiness.

Bihar:
Bihar Police has trained 25,000 senior officers and organized awareness programs at every police station. The state has also emphasized digital policing as part of its preparation.

Tripura:
The state government has trained all relevant stakeholders, including law enforcement and social welfare departments, focusing on judicial modernization and timely justice.

Mizoram:
Training has been completed, although the laws are not translated into the Mizo language. Implementation will rely on English and Hindi.

Arunachal Pradesh:
With many local dialects, the state uses English and Hindi for training. Officials and stakeholders are being educated in these languages.

Assam:
The Assam Police, having prepared for three years, is ready for the new laws. DGP GP Singh called this a milestone, highlighting the transition from colonial to contemporary Indian laws.

Tamil Nadu:
Despite initial opposition, Chief Minister MK Stalin acknowledged the need for training judicial and police personnel. Expeditious training programs have been conducted.

Himachal Pradesh:
Emphasizing a reformative approach, the state integrates technology into its procedures. E-FIRs and mandatory videography of seizures are new standards to ensure transparency and uniformity.

Odisha:
Odisha Police is prepared, with training for inspectors and senior officers completed. Coordination with the Ministry of Home Affairs has been key.

Jammu and Kashmir:
A detailed compendium on the new laws in Urdu has been compiled by a six-member committee led by SSP Mubassir Latifi, ensuring thorough understanding and implementation.

Government’s Perspective

Union Home Minister Amit Shah, who led the initiative, emphasized that the new laws prioritize justice over punitive measures. “These laws are made by Indians, for Indians, and by an Indian Parliament, ending the colonial criminal justice system,” he stated. Shah highlighted that these statutes reflect the free will of the nation and aim to provide swift and fair justice.

The introduction of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam represents a major step forward in India’s pursuit of a modern and effective criminal justice system. By emphasizing transparency, technology, and swift justice, these new laws aim to better serve the needs of contemporary Indian society, leaving behind the colonial legacy.

New Criminal Laws Implemented: First FIR Lodged In Delhi

July 1, 2024, 8:41 am

Delhi saw the enforcement of modernized criminal laws as the first FIR under Section 173 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) was filed on Monday. A street vendor was charged under Section 285 of the Bharatiya Nyaya Sanhita (BNS) for obstructing a foot over bridge at New Delhi Railway Station while conducting sales.

Effective July 1, all new FIRs will be registered under the provisions of the Bharatiya Nyaya Sanhita (BNS), marking a departure from the British-era Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act for future cases. However, ongoing cases registered prior to this date will continue under the previous legal frameworks until their conclusion.

The Bharatiya Nyaya Sanhita (BNS) introduces significant reforms, consolidating 358 sections, down from the 511 in the IPC. It includes 21 new criminal offenses, extends imprisonment terms for 41 crimes, increases fines for 82 offenses, mandates minimum punishments for 25 crimes, and introduces community service as a penalty for six offenses. Additionally, 19 sections have been repealed to streamline the legal process.

The Bharatiya Nagrik Suraksha Sanhita (BNSS), with 531 sections, and the Bharatiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act, aim to modernize and simplify criminal justice procedures. The BNSS includes changes in 177 sections, additions of nine sections and 39 sub-sections, and deletion of 14 sections, while the BSA incorporates modifications in 24 sections, adds two new sub-sections, and eliminates six sections.

These legislative changes come into effect six months after their passage, following extensive consultations involving various stakeholders, including judicial authorities, state officials, law enforcement, and legislative bodies. Home Minister Amit Shah spearheaded the initiative, holding 158 meetings and considering 3,200 suggestions to draft these reforms, emphasizing technology integration to enhance India’s criminal justice system.

The bills underwent scrutiny by a parliamentary standing committee, with most recommendations integrated before their presentation and subsequent approval in Parliament.

New Criminal Laws Take Effect on July 1: What Are The Key Changes?

June 30, 2024, 11:35 pm

Starting Monday, July 1, India will see a transformative shift in its criminal justice system with the implementation of three new criminal laws that replace colonial-era legislations. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will supplant the old Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. These reforms aim to modernize the judicial process, enhance victim protection, and ensure timely justice.

Key Highlights of the New Criminal Laws:

Expedited Judgments and Charge Framing:
- Criminal case judgments must be delivered within 45 days after the trial concludes.
- Charges must be framed within 60 days of the first hearing.
- State governments are required to implement witness protection schemes to ensure the safety and cooperation of witnesses.
Support for Rape Victims:
- 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.
Enhanced Protection for Women and Children:
- A new chapter addresses crimes against women and children, classifying buying or selling a child as a heinous crime with severe penalties.
- Gangrape of a minor can result in a death sentence or life imprisonment.
Addressing Abandonment and False Promises of Marriage:
- The law now includes punishments for cases where women are abandoned after being misled by false promises of marriage.
Rights and Support for Crime Victims:
- Victims of crimes against women are entitled to regular updates on their cases within 90 days.
- All hospitals are mandated to provide free first-aid or medical treatment to victims of crimes against women and children.
Transparency and Documentation:
- 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 prevent unnecessary delays in case hearings.
Digital Reporting and Zero FIR:
- Incidents can now be reported via electronic communication, eliminating the need to visit a police station.
- The introduction of Zero FIR allows individuals to file a First Information Report at any police station, regardless of jurisdiction.
Rights of the Arrested:
- Arrested persons have the right to inform a person of their choice about their situation, ensuring they receive immediate support.
- Arrest details will be prominently displayed in police stations and district headquarters for easy access by families and friends.
Mandatory Forensic Involvement:
- Forensic experts are now required to visit crime scenes for serious offences and collect evidence.
Inclusive Definition of Gender and Victim Statements:

The definition of “gender” now includes transgender people.
For certain offences against women, victim statements should be recorded by a woman magistrate when possible.
If unavailable, a male magistrate must record the statement in the presence of a woman.
Statements related to rape must be recorded through audio-video means.

These comprehensive reforms mark a significant milestone in India’s commitment to modernizing its criminal justice system, enhancing victim protection, and ensuring the timely delivery of justice. The changes are expected to provide a more transparent, inclusive, and efficient judicial process, setting a new standard for legal proceedings in the country.

Bengal Bar Council’s ‘Black Day’ Protest Against New Criminal Laws

June 27, 2024, 4:15 pm

The Bar Council of West Bengal has announced a significant protest scheduled for July 1st, termed as a ‘Black Day’, in response to the implementation of three new criminal laws proposed by the central government. These laws aim to replace the long-standing Indian Penal Code, Evidence Act, and Criminal Procedure Code with updated versions known as Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya (Second) Bill respectively.

In a recent resolution passed during their meeting on June 25th, 2024, members of the Bar Council expressed unanimous concern and disapproval towards these new bills, which were recently approved by Parliament. The decision to observe July 1st as a Black Day spans across West Bengal and the Andaman & Nicobar Islands, where lawyers will abstain from all judicial activities to participate in protest rallies.

The Bharatiya Nyaya (Second) Sanhita, slated to replace the Indian Penal Code, marks a departure from the colonial-era laws that have governed criminal justice in India for decades. Similarly, the Bharatiya Nagarik Suraksha (Second) Sanhita seeks to update and streamline procedures outlined in the existing Criminal Procedure Code. Lastly, the Bharatiya Sakshya (Second) Bill aims to modernize rules governing evidence presentation in Indian courts, superseding the Indian Evidence Act. This move by the Bar Council underscores the legal community’s concerns about the implications of these new laws on the judicial process and rights of individuals. By declaring a Black Day and organizing protests, lawyers aim to draw attention to potential challenges and implications these legislative changes may pose.

The protest on July 1st is expected to be a significant demonstration of legal fraternity unity and a platform for voicing concerns regarding the impact of legislative reforms on India’s criminal justice system.