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India’s criminal justice system has undergone a complete overhaul today, with the introduction of three new laws replacing the colonial-era statutes.
NEW DELHI: India’s criminal justice system has undergone a complete overhaul today, with the introduction of three new laws replacing the colonial-era statutes.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam have replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively.
The first FIR under the new criminal laws was registered on Monday at Delhi’s Kamla Market Police Station against a street vendor, Pankaj Kumar, for obstructing the foot over bridge (FoB) or pedestrian walkway at New Delhi Railway Station. The case was registered under Section 285 of the Bharatiya Nyaya Sanhita.
According to the FIR, the 23-year-old Pankaj Kumar, a resident of Baad Bakhtiyaarpur village in Bihar’s Patna, was vending tobacco products and water bottles from a cart positioned under the foot over bridge, close to the main road, resulting in obstruction and inconvenience to passersby. On-duty police officers instructed Kumar to relocate his cart, but he disregarded their instructions.
1. Bharatiya Nyaya Sanhita:
– Includes 358 sections, with 20 new crimes and harsher penalties for 33 crimes.
– Introduces a chapter on crimes against women and children, proposing life imprisonment or death penalty for gang rape of minors.
– Defines terrorism for the first time, making terrorist acts punishable by death or life imprisonment without parole.
2. Bharatiya Nagarik Suraksha Sanhita:
– Consists of 531 sections, adding 177 new provisions and 9 new sections.
– Institutionalizes the practice of filing zero FIRs, allowing complaints to be lodged anywhere regardless of jurisdiction.
– Ensures victims’ rights to information, including free copies of FIRs and updates on investigation progress.
3. Bharatiya Sakshya Adhiniyam:
– Contains 170 provisions, with changes to 24 provisions and the addition of new provisions.
– Emphasizes modern evidence collection, including mandatory videography for heinous crimes.
Union Home Minister Amit Shah highlighted the significance of these reforms, stating they were made to ensure “speedy justice and justice to all.” He noted that judgments are now required within 45 days of trial completion, and charges must be framed within 60 days of the first hearing.
Chief Justice of India, DY Chandrachud, called these laws a “watershed moment for our society,” emphasizing their impact on daily conduct. Meanwhile, opposition parties, including the Congress, criticised the hasty implementation, calling for more consultation.
West Bengal Chief Minister Mamata Banerjee has already written to the Union Government to ask for a deferment of the implementation of the law. These laws were passed in a hurry with 146 Opposition members absent. We think that these laws are anti-people and that is why we seek deferment,” TMC MP Saguata Roy said today.
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Sub-inspector Kartik Meena of the Kamla Market police station, who was on patrol duty, filed the first complaint under the new criminal laws. Despite repeated requests to move his cart, Kumar did not comply, prompting the police officer to register an FIR. The officer also shot a video using the e-praman application after several passers-by refused to join the probe.
Section 285 of the Bharatiya Nyaya Sanhita states: “Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to Rs 5,000.”
Despite the controversies, the Delhi Police have actively educated the public about the new laws through posters at various police stations, including Connaught Place and Tughlaq Road.
The new criminal codes aim to modernise India’s legal system, addressing contemporary crimes and ensuring faster and more efficient justice.
