New Criminal Law Takes Place In India, 1st Case Registered In Delhi; All About The New Law

A new history has been set as India's new criminal law takes effect from July 1, 2024. This means that the three-decade-old laws such as the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure are nullified. The new criminal law touches upon strict punishments for perpetrators against women, seniors, and children. The new law defines terrorism for the first time. It also looks into speedy actions on filed FIRs and introduces a new section on organised crime.

Accordingly, the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam have replaced the IPC(1860) and the Evidence Act(1872) which was formed during the British era, and the multi-decade-old Code of Criminal Procedure 1973 replaced by Bharatiya Nagarik Suraksha Sanhita.

Key changes in the new criminal law are:

As per the government-backed website 'News On AIR', the key provisions of the new criminal laws include Reporting Incidents Online, Filing an FIR at Any Police Station as well and the victims getting a free copy of the FIR. Apart from this, in the event of an arrest, the individual has the right to inform a person of his choice about their situation.

Also, the new laws have prioritized the investigations for offences against women and children, ensuring timely completion within two months of recording information. In the new criminal laws, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence. Summons can now be served electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.

On Bharatiya Nyaya Sanhita, 2023, Praveen Nilkanth said, "Offences against women will be taken care of before anything else." He emphasized that emphasized the enhanced focus on offences against women and children, noting that the Bharatiya Nyaya Sanhita now features a dedicated chapter, a departure from its predecessor which only included a section on these matters.

Moreover, Special Public Prosecutor and Advocate at Bombay High Court, Raja Thakare, underscored that the restructuring of the laws prioritises human lives. "Bharatiya Nyaya Sanhita is arranged in such a way that priority is given to human lives," he remarked, reflecting the overarching objective of the new legislation.

On July 1, in his valedictory speech Governor of Maharashtra Ramesh Bais stated that, "Under the new criminal law, police and investigative agencies will benefit from clear, updated guidelines and enhanced accountability measures. This will bring more transparency and effectiveness to law enforcement."

The three laws will focus on justice rather than punishment and are aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasising 'access to justice by all'. The three new laws received Parliament's nod on December 21, 2023, and Hon'ble President Smt. Droupadi Murmu gave her assent on December 25, 2023.

However, as per the LiveLaw report, there are widespread concerns among the legal fraternity about the impact of the new laws, as several prominent legal luminaries, State Bar Councils and Bar Associations have voiced protests. The Bar Council of India last week assured the legal community that it would convey to the Union Government the bar's concerns about the new laws. Proposing to form an expert committee to study the new enactments, the Bar Council appealed to the lawyers to refrain from protests and agitations against their implementation.

Although, the government has argued that the old laws have been retained in the new criminal law as well, however, with different numbers and labelling.

Nonetheless, the first criminal case under the new criminal law has been registered. As per reports, under the new law, Delhi's Kamla Market Police Station registered the first case which was against a street vendor.