The three new criminal laws — the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam — came into effect on Monday, replacing the colonial-era laws, including the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.
Ahead of their nation-wide implementation, Union Home Minister Amit Shah asserted that the criminal justice system needs to be two generations ahead of criminals.
“Three laws of the British era were governing the Indian judicial system, they have been changed with the concept of speedy justice and justice to all,” Shah said last week during the MoU signing event between the Haryana government and the National Forensic Science University (NFSU), Gandhinagar in Panchkula.
“In the new laws, importance has been given to forensic science in investigation, prosecution and judicial process, this is going to open huge avenues for the youth,” the home minister added.
The new criminal laws enable any person to file a Zero FIR at any police station, regardless of jurisdiction. Police complaints can now be registered online and summons will be served through SMS or other electronic means.
The new laws will also help fast-track the justice delivery system as court judgments will now have to be passed within 45 days of trial’s completion. Moreover, charges will now be framed within 60 days of the first hearing.
The new laws have also accorded priority to investigation for offences against women and children to ensure timely completion of cases.
Another important aspect of the legislation is that the new laws will make it mandatory for forensic experts to visit crime scenes in case of serious offences that invite punishment of seven years or more.
Police departments across the country organised extensive training sessions to ensure effective implementation of the new criminal laws.
Meanwhile, the Opposition has urged the government to refrain from implementing the new criminals laws. Several Opposition leaders, including West Bengal Chief Minister Mamata Banerjee, have called for a parliamentary review of the new laws.
The main Opposition Congress alleged that there are several retrograde provisions in the new laws, which are prima facie “unconstitutional”.