The Indian criminal justice system has undergone a major reform with the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023. These laws replace colonial-era statutes, aiming to strengthen the legal framework, enhance accountability, and ensure justice is delivered timely and effectively. To understand these changes, Rising Kashmir’s Chief Reporter spoke to Asifa Rashid Mir (JKPS), Prosecuting Officer /Law Officer at District Police Headquarters, Srinagar, who explained changes in new amended criminal laws.
Q: What are the new criminal laws, and why were they introduced?
Asifa Rashid Mir: The new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—have replaced the Indian Penal Code (1860), Code of Criminal Procedure (1973), and Indian Evidence Act (1872). The idea was to modernize and Indianize our criminal justice system to meet the evolving needs of society. These laws focus on efficiency, accountability, and victim-centric justice.
Q: What is the idea behind the name change?
The name change reflects India’s shift away from colonial-era terminology, embracing a legal system that is more aligned with contemporary national identity. It signifies a modernized reformative approach to justice.
Q: What are the major changes introduced under BNS?
Some key changes include: Section 69: Criminalizes sexual intercourse by deceitful means, such as fake marriages.
Section 95: Prohibits hiring or using a child to commit an offense. Section 197(1)(d): Introduces strict action against publishing fake news that threatens national security.
Sections 304 & 305(b): Recognizes snatching and vehicle theft as separate offenses.
Community Service: Introduced as a punishment for petty offenses like minor theft, defamation, and misconduct by a drunken person.
Gender neutrality: Offenses like sexual harassment and voyeurism now apply to all genders.
Q: How does BNSS contribute to a more efficient legal system?
BNSS brings several improvements, such as: Zero FIR: Allows FIRs to be filed at any police station, irrespective of jurisdiction. e-FIR: FIRs can be registered electronically.
Preliminary Inquiry (PE): In cases with imprisonment between 3-7 years, a preliminary inquiry must be completed within 14 days.
Victim Rights: Victims are kept informed about case progress, heard before case withdrawal, and entitled to compensation from crime proceeds.
Time-Bound Processes: Investigations in sexual offenses must be completed within two months, with trial judgments within 45 days.
Q: What role does technology play in the new legal system?
Technology is a game-changer in the new legal framework:
Digital Evidence Collection: Audio-video recordings for evidence, search, and seizure. E-Sakshya App: Enables digital submission of evidence for transparency. Virtual Court Appearances: Accused persons and witnesses can appear via video conferencing, E-Summons: Legal notices are now digital, reducing delays.
How do these reforms help in tackling fake news?
Section 197(1)(d) specifically targets the publication of false or misleading information that could threaten India’s sovereignty and security. This ensures accountability for those spreading misinformation.
What about laws related to fake marriages?
Section 69 of BNS criminalizes deceitful marriages where individuals engage in relationships under false pretenses. This protects victims from fraudulent claims and emotional exploitation.
How do these laws ensure speedy justice?
These laws aim to eliminate delays that often plague the judicial process. Some key measures include: Strict timelines for investigations: Investigations must be completed within two months for specific offenses.
Timely framing of charges: Charges must be framed within 60 days of filing the charge sheet.
Expedited trials: Once the trial is complete, a verdict must be delivered within 45 days.
Virtual hearings: Courts can now conduct hearings via video conferencing, reducing delays due to logistical issues.
Q: How does the victim-centric approach impact justice delivery?
The new laws prioritize victims’ rights and ensure that they are not sidelined during the legal process. Key provisions include:
Easy FIR registration: Victims can now register FIRs at any police station or online.
Case updates: Investigating officers must inform victims about case progress within 90 days.
Victim involvement: Before withdrawing a case, the victim must be heard.
Financial restitution: Victims may receive compensation from proceeds of the crime.
Medical report submission: In cases of rape, medical officers must submit reports within seven days.
Q: What steps have been taken to enhance transparency?
The government has introduced several measures to make the system more transparent and accountable:
E-Courts and E-Prosecution: Online portals make legal processes more accessible.
Digital documentation: Statements, crime scene reports, and forensic evidence are recorded digitally.
Online tracking of cases: Victims and accused persons can track case progress online.
Public legal awareness: Government websites provide information on legal rights and case procedures.
Q: How do these laws improve policing?
These laws ensure that police officers perform their duties more efficiently by:
Mandating digital record-keeping: Reduces paperwork and increases accuracy.
Strict adherence to timelines: Officers must complete investigations and submit reports on time.
Accountability measures: Officers can be held accountable for delays or misconduct.
Training programs: Policemen are trained to use digital tools for evidence collection and case management.
Q: What impact do these changes have on the overall judicial system?
These reforms will make the judicial system faster, fairer, and more effective. By integrating technology, streamlining processes, and emphasizing victim rights, the legal system will be more accessible and accountable.
The modernization of laws ensures that India’s justice system aligns with contemporary societal needs.
Q: How do these new laws benefit the common people?
The three new criminal laws—BNS 2023, BNSS 2023, and BSA 2023—aim to make justice faster, fairer, and more transparent. They introduce time-bound investigations and trials, allow digital filing of complaints, and ensure witness protection. Victims of sexual offenses can now give video-recorded statements, reducing trauma, while forensic evidence is mandatory in serious crimes, improving conviction accuracy.
These laws impose stricter punishments for crimes like mob lynching, and terrorism, ensuring stronger deterrence.
The use of electronic evidence and digital summons modernizes the system, reducing delays and corruption. Overall, these reforms promise quicker and more effective justice for the common people.
