New Delhi: On August 20, the Ministry of Home Affairs outlined the key features of India’s new criminal laws, presenting reforms aimed at reducing jail overcrowding, protecting victims, strengthening forensic use, and ensuring faster trials. Minister of State for Home Affairs Bandi Sanjay Kumar detailed the provisions in a written reply to the Rajya Sabha.
Jail Reforms and Plea Bargaining
The Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduce time-bound plea bargaining. Applications must be filed within 30 days of charge framing.
- For first-time offenders, courts may reduce punishment to one-fourth or one-sixth of the prescribed term.
- Section 479 of BNSS limits undertrial detention to one-third of the maximum sentence. Jail Superintendents must apply to courts for release once this period is reached.
- For the first time, community service has been introduced as a formal punishment.
Victim-Centric Provisions
- Victims can now report crimes online, and Zero FIR allows filing at any police station, regardless of jurisdiction.
- Complainants must receive a free FIR copy, while accused individuals have the right to inform someone upon arrest.
- Police stations must display arrest details to safeguard against custodial violence. Victims are entitled to progress updates within 90 days.
- Both victims and accused must receive FIR copies, chargesheets, statements, and confessions within 14 days.
- States are mandated to implement a Witness Protection Scheme, and women, minors, senior citizens, and disabled persons are exempt from visiting police stations.
- Courts must hear victims before case withdrawals, giving statutory recognition to their right to be heard.
Protection of Women and Children
- Offences against women and children now receive priority in BNS. Gang rape of a girl below 18 years is punishable with life imprisonment or death, removing earlier age thresholds.
- Women are recognized as adult family members eligible to receive summons. Earlier, only adult males could do so.
- Rape victim statements must be recorded through audio-video means, preferably by a woman Magistrate or in her presence.
- Hospitals must provide free medical aid to victims of sexual violence. Medical reports must be submitted within 7 days.
- Using children for crimes is punishable with a minimum of seven years’ imprisonment, extendable to ten.
Technology and Forensics
- Forensic experts must visit crime scenes for serious offences and collect evidence, with mandatory videography of the process.
- Summons may now be served electronically, and proceedings can be conducted digitally to streamline justice delivery.
Timelines for Faster Justice
- Strict deadlines are set for each stage: preliminary enquiry in 14 days, further investigation in 90 days, framing charges in 60 days, and judgment in 45 days.
- Mercy petitions must be filed 30 days before the Governor and 60 days before the President.
- Investigations in crimes against women and children must conclude within two months. Courts are limited to granting only two adjournments.
Reformative Approach
- The new framework introduces community service for minor offences, promoting reformation over incarceration.
- Summary trial provisions have been expanded to cover more offences for faster case disposal.
Rights of the Accused
Police need not arrest individuals solely for judicial cognizance. Arrests are unnecessary for collecting handwriting, fingerprints, or voice samples.
New Offences
The new laws add offences like terrorism, organized crime, mob lynching, petty organized crime, and snatching.
Repeat theft offenders face at least one year in prison. However, first-time petty theft under ₹5,000 may attract only community service if restitution is made.
Trial in Absentia
Courts may now hold trials in absentia against proclaimed offenders, ensuring verdicts are not delayed by evasion.
Key Takeaway
These landmark provisions mark a decisive shift towards a citizen-centric justice system. By balancing victim rights, accused safeguards, and reformative measures, the new laws aim to deliver justice that is faster, fairer, and more accountable.
