New Delhi: The Centre on Wednesday said that States and Union Territories are fully geared up to implement the new criminal laws from July 1.
"Ministry of Home Affairs held regular meetings with States and UTs. The States and UTs are fully geared up in terms of technology, capacity building and awareness generation to implement the new criminal laws from July 1," official sources said.
The three New Criminal Laws- Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023, were passed by the Parliament in its winter session in 2023. The bills were assented by President Droupadi Murmu and notified in the Gazette of India on December 25, 2023.
Sources said that in order to ensure that citizens are aware of the transformative reforms and the positive impact it will have on the citizens, particularly women and children, the Ministry of Women & Child Development, Ministry of Rural Development and the Ministry of Panchayati Raj have undertaken dissemination of the new laws through webinars in which nearly 40 lakh grass root level functionaries participated.
“The Department of Legal Affairs has also organised four conferences in state capitals in which delegates from a diverse array of fields, including the Chief Justice of India, Judges of Supreme Court and High Courts and domain experts have taken part. Under the guidance of the Department of Higher Education, the University Grants Commission has circulated informative flyers on new laws to 1,200 universities and 40,000 colleges and AICTE to approximately 9,000 institutions for sensitisation amongst faculties and students about the new Laws,” sources said.
As the new Criminal Laws laid emphasis on technology in investigation, trial and court proceedings, National Crime Records Bureau (NCRB) has made 23 functional modifications in the existing Crime and Criminal Tracking Networks and Systems (CCTNS) application.
It also provided technical assistance to the States and UTs for seamless transition to the new system. Further, NCRB formed 36 support teams and a call centre for constant review and handholding of the states and UTs for implementation of the new criminal laws.
"National Informatics Centre (NIC) has developed applications, eSakshya, NyayShruti & eSummon Apps, for facilitating videography and photography of crime scenes, judicial hearings and delivery court summons electronically under the new criminal laws," sources said.
For capacity building, the Bureau of Police Research and Development (BPR&D) has developed training modules and shared them with all the stakeholders. BPR&D also conducted 250 training courses, webinars, seminars in which 40,317 officers and personnel have been trained.
"Under its (BPR&D) handholding, the states and UTs have also undertaken capacity building of 5,84,174, including 5,65,746 police officers and personnel from prison, forensics, judicial and prosecution. iGOT- Karmayogi Bharat and BPR&D are also offering three training courses each on the new criminal laws in which 2,17,985 officials have enrolled so far,” sources added.
Salient Features
The new criminal laws aim to create a more accessible, supportive, and efficient justice system.
- Report Incidents Online: A person may now report incidents by electronic communication, without the need to physically visit a police station. This allows for easier and quicker reporting, facilitating prompt action by the police. (Section 173 BNSS)
- File FIR at Any Police Station: With the introduction of Zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction. This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence. (Section 173 BNSS)
- Free Copy of FIR: Victims will receive a free copy of the FIR, ensuring their participation in the legal process. (Section 173 BNSS)
- Right to Inform upon Arrest: In the event of an arrest, the individual has the right to inform a person of his choice about their situation. This will ensure immediate support and assistance to the arrested individual. (Section 36 BNSS)
- Display of Arrest Information: Arrest details will now be prominently displayed within police stations and district headquarters, allowing families and friends of the arrested person easy access to important information. (Section 37 BNSS)
- Forensic Evidence Collection and Videography: To strengthen the case and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence. Additionally, the process of evidence collection at the crime scene will be mandatorily videographed to prevent tampering of evidence. This dual approach significantly enhances the quality and reliability of investigations and contributes to a fair administration of justice. (Section 176 BNSS)
- Fast-Track Investigations: The new laws prioritised the investigations for offences against women and children, ensuring timely completion within two months of recording information. (Section 193 BNSS)
- Progress Updates to Victims: Victims are entitled to regular updates on the progress of their case within 90 days. This provision keeps victims informed and involved in the legal process, enhancing transparency and trust. (Section 193 BNSS)
- Free Medical Treatment for Victims: The new laws guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals. This provision ensures immediate access to essential medical care, prioritising the well-being and recovery of victims during challenging times. (Section 397 BNSS)
- Electronic Summons: Summons can now be served electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties involved. (Section 64, 70, 71 BNSS)
- Statements by Woman Magistrate: For certain offences against women, statements of the victim are to be recorded, as far as practicable, by a woman magistrate and in her absence, by a male Magistrate in the presence of a woman to ensure sensitivity and fairness, creating a supportive environment for victims. (Section 183 BNSS)
- Supply of police report and other documents: Both the accused and the victim are entitled to receive copies of the FIR, police report/chargesheet, statements, confessions, and other documents within 14 days. (Section 230 BNSS)
- Limited Adjournments: Courts grant a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery. (Section 346 BNSS)
- Witness Protection Scheme: The new law mandates all state governments to implement the Witness Protection Scheme to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings. (Section 398 BNSS)
- Gender Inclusivity: The definition of "gender" now includes transgender individuals, promoting inclusivity and equality. (Section 2(10) BNS)
- All proceedings in Electronic Mode: By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses, and accused, thereby streamlining and expediting the entire legal process. (Section 530 BNSS)
- Audio-Video Recording of Statements: In order to provide more protection to the victim and enforce transparency in an investigation related to an offence of rape, the statement of the victim shall be recorded through audio-video means by police. (Section 176 BNSS)
- Exemption from going to police station: Women, persons below 15 years, persons above 60 years, and those with disabilities or acute illness are exempt from attending police stations and can receive police assistance at their place of residence. (Section 179 BNSS)
- Offences against Women and Children: A new chapter has been added in BNS specifically to address offences against women and children, ensuring focused protection and justice. (Chapter V BNS)
- Gender-Neutral Offences: Various offences against women and children have been made gender-neutral in BNS, covering all victims and perpetrators regardless of gender.
- Community service: The new laws introduce community service for minor offences promoting personal growth and social responsibility of an individual. Under community service, the offenders get the chance to positively contribute to society, learn from their mistakes, and build stronger community bonds. (Section 4, 202, 209, 226, 303, 355, 356 BNS)
- Aligned Fines for Offences: Under new laws, the fines imposed for certain crimes have been aligned with the severity of the offences, ensuring fair and proportional punishment, deterring future offences, and maintaining public trust in the legal system.
