New criminal laws: A significant step towards empowering citizens

New Delhi: Zero FIR, registration of police complaints online, summons through electronic modes and mandatory videography of crime scenes of all heinous crimes are the key highlights of the three new criminal laws that will come into effect from July 1.

The Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 mark a significant step towards empowering Indian citizens and aim to create a more accessible, supportive and efficient justice system for everyone, official sources said. The new laws, enacted late last year, are set to replace the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act respectively.

Under the new laws, a person can 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, the sources said. 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. Under the new laws, victims will receive a free copy of the FIR, ensuring their participation in the legal process.

An interesting addition of the law is that in the event of an arrest, the individual has the right to inform a person of his choice about his or her situation. This will ensure immediate support and assistance to the arrested individual. Besides, 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.

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, the sources said.

The new laws prioritised the investigations for offences against women and children, ensuring timely completion within two months of recording information. Under the new law, victims are entitled to regular updates on the progress of their case within 90 days. This provision keeps the victims informed and involved in the legal process, enhancing transparency and trust. 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.

Summons can now be served electronically, expediting the legal processes, reducing paperwork and ensuring efficient communication between all parties involved. 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.

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

The new laws mandate all state governments to implement witness protection scheme to ensure the safety and cooperation of witnesses and enhancing the credibility and effectiveness of legal proceedings. The definition of “gender” now includes transgender individuals, promoting inclusivity and equality. By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses and accused, thereby streamlining and expediting the entire legal process.