New Criminal Rules- New criminal laws have come into force today, know how they will affect you
Today, from July 1, 2024, very important changes are going to happen in the Indian criminal justice system, as three new laws have come into force today, the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (1872) have been the cornerstone of the country's legal framework for more than a century. Now they have been replaced by the Indian Judicial Code (BNS), the Indian Civil Protection Code (BNSS), and the new Indian Evidence Act (BSA). In this change, new definitions and penalties have been introduced for various crimes. Let us know how their implementation will affect you.
Changes in the Indian Judicial Code (BNS)
New crimes and increased punishments: 21 new crimes have been added. The term of imprisonment has been increased for 41 crimes, and the penalty has been increased for 82 crimes.
Minimum penalty and community service: A minimum penalty has been provided for 25 crimes. Community service has been introduced as a penalty for six offenses, while 19 sections have been removed. Updates to the Indian Civil Protection Code (BNSS) and the Indian Evidence Act (BSA) The CrPC, which earlier had 484 sections, has been replaced by the BNSS with 531 sections, including Amendments and additions: 177 sections have been amended, nine new sections and 39 subsections have been added. Fourteen sections have been deleted.
Changes in Evidence Act: The 166-section Indian Evidence Act is now the 170-section BSA, with 24 sections replaced, two new subsections added and six sections deleted. New rules for recording statements of female victims
The new laws introduce strict protocols for recording statements of female victims:
Presence of family or relatives: Rape victims' statements will now be recorded in the presence of family or relatives and by a woman police officer.
Role of female magistrate: For certain crimes, statements will be recorded by a female magistrate. If not available, a male magistrate may do so but must be accompanied by a female police officer.
Enhanced protection for rape and fraud victims
Medical reports and free treatment: Medical reports of rape victims must be submitted within seven days, and victims are entitled to free treatment.
Case update: Victims must update their cases within 90 days.
New crime definitions: Having physical relations under the pretense of marriage and marrying by concealing one’s job or identity are now crimes, punishable with up to 10 years of imprisonment.
Inclusion of transgender persons
Transgender persons are now clearly included in the definition of gender, ensuring their right to equality under the law and access to justice.
Stricter rules for crimes against children
Stricter punishment: Buying or selling children is now a heinous crime, with stringent punishment including the death penalty for rape and gang rape of minor girls. In some cases, life imprisonment can also be imposed.
Changes in sections for murder, rape, and new offenses
Amended sections: Murder will now fall under Section 101 instead of 302, cheating will come under Section 318 instead of 420 and rape will come under Section 63 instead of 375.
Mob lynching: Mob lynching based on race, caste, community or gender is now punishable by death or life imprisonment. Extortion can attract a jail term of three years.
Streamlined FIR registration and speedy trial
E-FIR and Zero FIR: Victims can now register FIRs from home without the need to go to the police station. Zero FIRs can be registered at any police station regardless of jurisdiction.
Mandatory trial: Criminal cases must be heard within 45 days and charge sheets must be filed within 60 days of the first hearing.
Witness protection and forensic evidence
Witness protection: State governments should implement schemes to ensure the safety of witnesses.
Forensic evidence: For serious crimes, a forensic team should visit the scene to collect evidence. Both the accused and the victim have the right to receive copies of the FIR and related documents within 14 days.
Follow our Whatsapp Channel for latest update
