GUWAHATI: The Assam Police detailed the sweeping changes to India's criminal justice system set to take effect from July 1. These reforms include the introduction of the Bharatiya Nyaya Sanhita (BNS) replacing the Indian Penal Code (IPC), the Bharatiya Nagarik Suraksha Sanhita (BNSS) replacing the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA) replacing the Indian Evidence Act (IEA).
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Key highlights include:
• Severe Penalties for Gang Rape: The death penalty is now applicable to all gang rape cases involving minor girls, expanding beyond the previous limit to victims under 12 years of age (Section 70 BNS).
• Swift Action on POCSO Cases: A maximum two-month timeline for filing chargesheets in POCSO cases ensures rapid justice (Section 193 BNSS).
• New Offence Categories: Sexual intercourse under deceitful pretexts now carries up to 10 years of imprisonment (Section 69 BNS).
• Zero FIR and E-FIR Introduction: Women can report crimes without jurisdictional constraints, facilitating easier access to justice (Section 173 BNSS).
• Marital Rape Provisions: The age of consent in marriage is raised to 18, making marital rape of minors a punishable offence (Section 63 BNS).
• Victim Rights and Protection: Preferably, a female magistrate will record the statements of rape victims, and victims have the right to cross-examine the accused (Section 183 BNSS).
• New Offences Against Children: Hiring a child to commit a crime now carries a punishment of up to 10 years (Section 95 BNS).
• Gender-Neutral Laws: Procurement of children for sexual purposes is now punishable regardless of the child's gender (Section 96 BNS).
• Enhanced Rights for Victims: Victims can now receive FIR copies, be informed of investigation progress, and have a say in case withdrawal decisions (Sections 173, 360, 193 BNSS).
• Community Service as Punishment: Community service is introduced as a new form of punishment, aiming for societal re-socialisation (Section 4 BNS).
• Restrictions on Police Summons: Individuals over 60 or those suffering from acute illnesses cannot be called to the police station for statement recording (Sections 179, 195 BNSS).
• Arrest Protocols: Arrests of infirm or elderly individuals for offences punishable by less than three years require DySP or higher approval (Section 35 BNSS).
• Mandatory Forensic Involvement: For serious offences, forensic experts must visit crime scenes and collect evidence, replacing reliance on third-degree methods (Section 176 BNSS).
• National Forensic Infrastructure Enhancement: The government has approved a ₹2,254.43 crore scheme to bolster forensic capabilities across India.
• Digital Evidence and E-Processes: The use of audio-video electronic means for recording statements and conducting trials will streamline justice processes (Section 2(1)(a) BNSS).
• New Digital Tools: The National Informatics Centre (NIC) is developing apps like e-Sakshya for crime scene documentation and e-Summon for generating summons.
• Checks on Arbitrary Police Power: All search proceedings must be recorded electronically, and reasons for warrantless searches must be reported to magistrates within 48 hours (Sections 105, 185 BNSS).
• Preventing False FIRs: Strong checks ensure that FIRs are not registered arbitrarily, protecting citizens from harassment (Section 175 BNSS).
• Limit on Adjournments: Only two adjournments are allowed per case, with strict timelines for various judicial processes to expedite justice (Sections 173, 193, 232 BNSS).
• Organised and Petty Organised Crime: Definitions and stringent punishments for organised crime syndicates and petty organised crimes have been introduced (Sections 111, 112 BNS).
• Terrorist Acts and Snatching: New categories for terrorist acts and mobile snatching reflect the contemporary challenges in law enforcement (Sections 113, 304 BNS).
• Mischief Against Animals: Severe penalties are in place for killing or maiming animals, reflecting growing societal concern for animal welfare (Section 325 BNS).
• Mob Lynching: New provisions address mob lynching, with stringent punishments for racially or communally motivated attacks (Section 103 BNS).
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