New criminal laws usher citizen-centric, tech-driven legal reforms
Srinagar, Oct 5: The new criminal laws represent a decisive move away from colonial-era justice toward a citizen-first, technology-enabled, and victim-sensitive legal framework. With its focus on timely justice, transparency, and rehabilitation, the reformed system is expected to enhance public trust and efficiency in law enforcement and the judiciary.
The government has implemented three new laws — the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam — aimed at creating a faster, fairer, and more accessible justice system. These laws replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively.
The reforms focus on speedy justice, protection of victims, use of technology, and a reformative approach to criminal punishment — including key provisions that also seek to decongest overcrowded jails across the country.
SPEEDY JUSTICE THROUGH FIXED TIMELINES
To address the chronic delays in criminal trials, the new laws introduce strict timelines for each stage of investigation and trial. Preliminary enquiries must now be completed within 14 days, further investigations within 90 days, and trials must be concluded within 45 days after conclusion of arguments. Victims and accused are also entitled to receive all case documents within 14 days.
Importantly, adjournments are now limited to just two per case, ensuring quicker resolution and reducing procedural bottlenecks.
REDUCING JAIL OVERCROWDING
In a major step to ease the burden on India’s overcrowded prisons, the new laws have introduced. Applications must be made within 30 days of framing charges. Courts may sentence first-time offenders to as little as one-fourth or one-sixth of the prescribed punishment.
A first-time offender who has already spent one-third of the maximum sentence in jail as an undertrial must be released on bond. Jail Superintendents are now legally required to initiate this process.
For the first time in Indian legal history, community service has been introduced as a punishment option for minor offences — a significant shift toward rehabilitation.
VICTIM-CENTRIC APPROACH AT THE CORE
The laws place victims at the heart of the justice process include Zero FIR and Online FIR: Victims can now report crimes online or file a Zero FIR at any police station, regardless of jurisdiction.
Victims are entitled to receive progress updates every 90 days and must be heard before any withdrawal of prosecution. States are mandated to implement witness protection schemes, boosting witness safety and trial integrity. All hospitals must provide free first-aid and medical care to victims of crimes against women and children. Statements of rape victims will be audio-video recorded, preferably by a woman magistrate.
STRONGER PROTECTIONS FOR WOMEN AND CHILDREN
Offences against women and children now receive top priority under a dedicated chapter in BNS. Key changes include.
Uniform punishment for gang rape of minors under 18: life imprisonment or death A woman can now legally receive summons on behalf of a family member, replacing earlier references to “adult male”. Hiring or using a child to commit a crime is now a distinct offence, punishable with 7 to 10 years of imprisonment.
TECHNOLOGY AND FORENSICS TO STRENGTHEN JUSTICE DELIVERY
Recognising the role of scientific evidence, the laws make forensic visits to crime scenes mandatory in serious cases. Additionally, evidence collection must be videographed to ensure transparency. Electronic summons and digital legal proceedings are now allowed, enhancing efficiency and cutting red tape.
BALANCED REFORMS FOR THE ACCUSED
To safeguard against misuse of police powers, the laws discourage arbitrary arrests. Now, arrest is not mandatory for filing a charge sheet, and no arrest is needed for obtaining handwriting, fingerprint, or voice samples.
