Srinagar, July 01: Union Home Minister Amit Shah said that the three new criminal laws
that came into effect on Monday, would bring far-reaching changes to India’s criminal justice system and help boost the speed of the judicial process.
The new laws – BharatiyaNyayaSanhita (BNS), BharatiyaNagarikSurakshaSanhita (BNSS) and the BharatiyaSakshyaAdhiniyam (BSA) – replaced the British-era IPC, Code of Criminal Procedure and the Indian Evidence Act, respectively.
“These laws mark a significant shift towards a justice-oriented framework, ensuring speedy trials and protection of victims’ rights,” Shah stated. He highlighted that after extensive consultation with stakeholders over four years, these laws are set to replace outdated provisions with modern, relevant sections.
“First of all, I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely ‘Swadeshi’,” Shah stated while addressing the media.
“After 75 years, these laws were contemplated upon and when these laws are in effect from today, colonial laws have been scrapped and laws made in the Indian Parliament are being brought into practice,” the Home Minister said adding that instead of ‘Dand’ (punishment), it is now ‘Nyay’ (justice).
Underlining the laws’ comprehensive scope, Shah noted the inclusion of a dedicated chapter addressing crimes against women and children, aimed at enhancing sensitivity and responsiveness in handling such cases. Notably, provisions have been introduced for the first time to address mob lynching, while obsolete colonial-era laws, such as sedition, have been repealed.
“Technological integration is another cornerstone, with provisions enabling digital processes like Zero-FIR and e-record maintenance across 99.9% of police stations, Shah stated.
Shah emphasised that these reforms aim to streamline procedures and significantly reduce the time taken for justice delivery, with a commitment to concluding Supreme Court proceedings within three years of filing an FIR.
Furthermore, the laws mandate forensic investigations for serious offenses, aiming to elevate the conviction rate to 90%. Shah underscored the government’s foresight in establishing infrastructure such as the National Forensic Science Laboratory and enhancing training capabilities for law enforcement and judicial personnel.
“These laws reflect our commitment to a robust and responsive judicial system that aligns with the ethos of modern India,” Shah affirmed, dispelling misconceptions and asserting the thorough parliamentary scrutiny and debate these laws underwent.
“Instead of delay, there will be speedy trial and speedy justice. Earlier, only the rights of the Police were protected but now, victims’ and complainants’ rights will be protected too,” Shah said.
These laws were passed in the Parliament in December 2023. While the new laws were presented as part of an exercise in decolonising existing criminal laws, legal experts and activists opposed its implementation, saying broader consultations should have taken place before the government enforced them.
“I believe that this was needed to be done much earlier. An entire chapter with 35 sections and 13 provisions has been added. Now, gangrape will attract 20-year imprisonment or life imprisonment, rape of a minor will attract death penalty, a separate crime has been defined for sexual exploitation by hiding one’s identity or making false promises,” Shah said adding that a provision has been made to record statement of the victim at her home in the presence of women officers and her own family.
“Besides this, the facility of online FIR has been provided too; we believe that a lot of women can be saved from embarrassment this way,” he said.
In a move towards transparency and accessibility, the laws will be available in all languages listed in the Eighth Schedule of the Constitution, ensuring inclusivity in legal proceedings. Shah concluded by commending the collaborative efforts of the Ministry of Home Affairs, state Home Departments, and the Ministry of Justice in implementing these reforms.
KEY HIGHLIGHTS:
– New laws dismantle colonial legal framework for justice.
– Replace IPC 1860, focus on rehabilitation over punishment.
– Use digital tools for evidence and communication.
– BNS : Restorative justice &victim rights
– BNSS :Swift &fair trials
– BSA modernizes evidence collection
