GUWAHATI: India's criminal justice system undergoes significant transformation today with the implementation of three new laws: the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These legislations replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively.
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Key highlights of the new criminal laws:
1. Courts are now mandated to deliver criminal case judgements within 45 days after the trial concludes. Charges must be framed within 60 days of the first hearing. State governments are required to implement witness protection schemes to ensure the safety and cooperation of witnesses.
2. Statements from rape victims will be recorded by a female police officer in the presence of the victim’s guardian or relative. Medical reports for rape cases must be completed within seven days.
3. A new chapter addresses penalties for crimes against women and children, including child trafficking. Gangrape of a minor is punishable by death sentence or life imprisonment.
4. The new laws include penalties for cases where women are abandoned after being misled by false promises of marriage.
5. Victims of crimes against women are entitled to receive regular updates on their cases within 90 days. All hospitals must provide free first-aid or medical treatment to victims of crimes against women and children.
6. Both the accused and the victim are entitled to receive copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. Courts are restricted to a maximum of two adjournments to avoid unnecessary delays in hearings.
7. Incidents can now be reported via electronic communication, eliminating the need to visit a police station. The introduction of Zero FIR allows individuals to file a First Information Report at any police station, regardless of jurisdiction.
8. Arrested individuals have the right to inform a person of their choice about their situation, ensuring immediate support. Arrest details will be prominently displayed in police stations and district headquarters for easy access by families and friends.
9. Forensic experts are now required to visit crime scenes for serious offences and collect evidence.
10. The definition of "gender" now includes transgender people. For certain offences against women, statements should be recorded by a woman magistrate when possible. If unavailable, a male magistrate must record the statement in the presence of a woman. Statements related to rape must be recorded through audio-video means.
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