New criminal laws have come into force across the country from today. The Indian Judicial Code, Indian Civil Protection Code and Indian Evidence Act will replace the British-era Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. Community service has been provided as punishment for six crimes.
Three new criminal laws have come into force from 12 o’clock tonight across the country. The 51-year-old CrPC will be replaced by the Indian Civil Security Code (BNSS). The Indian Penal Code will be replaced by the Indian Justice Act (BNS) and the provisions of the Indian Evidence Act (BSA) will be implemented in place of the Indian Evidence Act. Most crimes against women will get more punishment than before. FIR can be registered even with electronic information. Provisions like community service will also be implemented. Know in 20 points what is special in the three new laws…
- The new law will not have any effect on the cases registered before July 1. That is, the cases registered before July 1, 2024, from investigation to trial, will be part of the old law.
- FIR is being registered under the new law from July 1 and investigation to trial will be completed accordingly.
- There are a total of 531 sections in BNSS. Its 177 provisions have been amended. While 14 sections have been removed. 9 new sections and 39 sub-sections have been added. Earlier there were 484 sections in CrPC.
- There are a total of 357 sections in the Indian Judicial Code. Till now there were 511 sections in IPC.
- Similarly, there are a total of 170 sections in the Indian Evidence Act. 6 sections have been removed in the new law. 2 new sections and 6 sub-sections have been added. Earlier there were a total of 167 sections in the Indian Evidence Act.
- In the new law, emphasis has been laid on audio-video i.e. electronic evidence. Forensic investigation has been given importance.
- Any citizen can register a zero FIR anywhere in connection with a crime. The case will be sent to the concerned police station for investigation. If the zero FIR is related to a crime in which there is a provision of punishment of three to seven years, then the forensic team will have to examine the evidence.
- Now FIR can also be registered through e-information. E-FIR can also be registered in serious sections like murder, robbery or rape. Police can also be informed through voice recording. In the case of e-FIR, it will be necessary for the complainant to reach the police station within three days and sign the copy of the FIR.
- Provision has been made to give documents related to FIR and statement to the complainant. If the complainant wants, he can also take the points of interrogation of the accused by the police.
- It will be necessary to file a charge sheet within 90 days of the FIR. The court will have to decide the charges within 60 days of filing the charge sheet.
- Judgment has to be given within 30 days of completion of the hearing of the case. After giving the judgment, its copy has to be provided within 7 days.
- Police has to inform the family of the person taken into custody in writing. Information has to be given offline and online as well.
- Crimes against women and children have been provided in a total of 36 sections in BNS. Rape case will be registered under section 63. Section 64 provides for maximum life imprisonment and minimum 10 years imprisonment for the culprit.
- Under section 65, there is a provision of 20 years rigorous imprisonment, life imprisonment and fine for raping a victim below 16 years of age. If the victim in gang rape is an adult, then there is a provision of life imprisonment for the culprit.
- There is a provision of minimum 20 years punishment, life imprisonment or death penalty for the culprit for raping a victim below 12 years of age. The crime of having physical relations by luring someone with the promise of marriage is considered a different crime from rape. That is, it is not included in the definition of rape.
- The victim will be informed about every update related to her case at every stage through SMS on her mobile number. The time limit for giving updates has been fixed at 90 days.
- State governments will no longer be able to unilaterally close cases related to political cases (protests and agitations by party workers). If the complainant in a protest or riot is a common citizen, his permission will have to be taken.
- There is also a provision for the protection of witnesses. All electronic evidence will also be valid in the court like paper records.
- Mob lynching has also come under the ambit of crime. Crimes causing bodily injury have been mentioned in Section 100-146. In case of murder, a case will be registered under Section 103. Section 111 provides for punishment for organized crime. Section 113 is described as Terror Act. In case of mob lynching, there is a provision of 7 years imprisonment or life imprisonment or death penalty.
- Electoral crimes have been kept under Section 169-177. Cases of damage to property, theft, loot and robbery etc. have been kept under Section 303-334. Defamation is mentioned in section 356. Dowry death is mentioned in section 79 and dowry harassment is mentioned in section 84.
For Which Crimes Will Community Service Have to Be Done?
People arrested for minor crimes will have to do community service as punishment. The amended new law includes provisions for community service in cases like attempted suicide, trafficking by public servants, petty theft, public intoxication and defamation. Community service gives criminals a chance to reform. Whereas a prison sentence can make them hardened criminals. Till now, courts have been giving community service punishment to first-time offenders or those who have committed minor crimes, but now it has become a permanent law. For the first time under the new law, such a provision has been made in which community service has been considered as a punishment for minor crimes like creating a ruckus in a drunken state or stealing property worth less than Rs 5,000.
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