New criminal laws come into effect, usher in widespread changes in justice system
New Delhi (PTI): Three new criminal laws came into effect in the country on Monday, bringing far-reaching changes in India's criminal justice system.
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) take into account some of the current social realities and modern-day crimes.
The new laws replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.
From Monday, all fresh FIRs will be registered under the BNS. However, cases filed earlier will continue to be tried under the old laws till their final disposals.
The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes.
The new laws have tried to address some of the current social realities and crimes and are going to provide a mechanism to effectively deal with these, keeping in view the ideals enshrined in the Constitution, official sources said.
Union Home Minister Amit Shah, who piloted the laws, had said the new laws would give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action.
"These laws are made by Indians, for Indians and by an Indian Parliament and marks the end of colonial criminal justice laws," he had said.
Shah had further said the laws were not just about changing the nomenclature but bringing about a complete overhaul.
"Soul, body and spirit" of the new laws is Indian," he had said.
Justice is an umbrella term that encompasses both the victim and the culprit, the home minister had said and added these new laws would ensure political, economic and social justice with an Indian ethos.
According to the new laws, judgment in criminal cases has to come within 45 days of completion of trial and charges must be framed within 60 days of first hearing.
Statement of rape victims will be recorded by a woman police officer in presence of her guardian or relative and medical reports have to come within seven days.
Organised crimes and acts of terrorism have been defined, sedition has been replaced with treason and video recording of all search and seizures made mandatory.
A new chapter on crimes against women and children has been added, buying and selling of any child made a heinous crime and there is a provision for death sentence or life imprisonment for gang rape of a minor.
Offences against women and children, murder and offences against the State have been given precedence in the new law.
Overlapping sections have been merged and simplified, with only 358 sections against 511 in the Indian Penal Code, the sources said.
For example, definitions scattered from sections 6 to 52 have been brought under one section.
Eighteen sections already stand repealed and four relating to weights and measures are covered under the Legal Metrology Act, 2009.
Instances of false promise of marriage, gang rape of minors, mob lynching and chain snatching, among others, are reported but the current Indian Penal Code did not have specific provisions for dealing with such incidents.
These have been addressed in the Bharatiya Nyaya Sanhita, the sources said.
A new provision has been made for cases such as abandonment of women after making sexual relations on the false promise of marriage.
The three laws were based on justice, transparency and fairness, the sources said.
Under the new laws, a person can now report incidents by electronic communication, without the need to physically visit a police station.
This allows for easier and quicker reporting, facilitating prompt action by the police.
With the introduction of Zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction.
This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence.
An interesting addition in the law is that in the event of an arrest, the individual has the right to inform a person of his choice about his or her situation.
This will ensure immediate support and assistance to the arrested individual.
Besides, arrest details will now be prominently displayed within police stations and district headquarters, allowing families and friends of the arrested person easy access to important information.
To strengthen cases and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence.
Under the new laws, victims of crime against women are entitled to regular updates on the progress of their case within 90 days.
This provision keeps victims informed and involved in the legal process, enhancing transparency and trust.
The new laws guarantee free first aid or medical treatment to victims of crimes against women and children at all hospitals.
This provision ensures immediate access to essential medical care, prioritising the wellbeing and recovery of victims during challenging times.
Summonses can now be served electronically, expediting legal processes, reducing paperwork and ensuring efficient communication among all parties involved.
For certain offences against woman, statements of the victim are to be recorded, as far as practicable, by a woman magistrate and, in her absence, by a male magistrate in the presence of a woman to ensure sensitivity and fairness, creating a supportive environment for victims.
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 can grant a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery.
The new laws mandate all state governments to implement witness protection schemes to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings.
The definition of "gender" now includes transgender individuals, promoting inclusivity and equality.
By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses and accused, thereby streamlining and expediting the entire legal process.
To provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio-video means.
Women, persons below 15 years, persons above 60 years and those with disabilities or acute illnesses are exempt from attending police stations and can receive police assistance at their place of residence.
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Trump returns from China; terms meeting with Xi as 'G-2'
Washington (PTI): US President Donald Trump returned from a visit to China, describing his discussions with President Xi Jinping as a meeting of leaders of "two great countries".
Trump landed at the Joint Base Andrews in Maryland on the outskirts of the US capital on Friday evening, claiming to have struck important trade deals, including one for China's purchase of 200 aircraft from Boeing, with a promise for another 750, as well as agreements benefiting the American agriculture sector.
The US President reached here after a brief refuelling stop at Anchorage in Alaska.
“It’s the two great countries. I call it the G-2. This is the G-2. I think it’ll go down as a very important moment in history,” Trump told Fox News in an interview after meeting Xi on Thursday.
The Washington Post reported that Trump’s remarks put China on an equal footing with the US, exactly what Xi had aimed to achieve with the visit.
“Over two days of meetings here, the carefully choreographed pageantry and the reciprocal gestures of friendship and respect between the world’s two most powerful men displayed a geopolitical dynamic that the Chinese have long craved and Americans had resisted," the Post said.
Trump told Fox News that the relationship with Xi was important and suggested that China may not resort to any aggressive moves over Taiwan, at least till he is in office.
“It’s not a takeover. They just don’t want to see this place — we’ll call it a place because nobody knows how to define it — but they don’t want to see it go independent,” Trump said.
“I don’t think they’ll do anything when I’m here. When I’m not here. I think they might, to be honest with you,” Trump said.
"I want them to cool down. I want China to cool down," he said.
"We're not looking to have wars, and if you kept it the way it is, I think China's going to be OK with that," he added.
The US President said he had invited Xi for a visit to Washington in September.
“Xi has done something Chinese leaders have been working toward for decades — bringing an American president to Beijing as an undisputed peer,” said Julian Gewirtz, who served as China director on the National Security Council under President Joe Biden.
“Xi used the opulent optics of the visit to make clear to the world that China and the United States are the two dominant, equally matched superpowers. There is no going back.”
Trump’s friendly statements toward Xi and the Chinese people were being amplified in China’s state-controlled media, sending the message that “we’re getting along better with the Americans,” John Delury, a senior Fellow at the Asia Society, was quoted as saying by The New York Times.
It was understandable that Trump wanted to be polite to Xi, but that the American president’s gushing approach “weakens Trump and the US”, R. Nicholas Burns, the ambassador to China during the Biden administration, was quoted as saying in The New York Times.
“Xi did not hesitate to warn Trump over Taiwan. Trump should not hesitate to be frank about our concerns, too,” he said.
Trump and Xi are expected to meet at least three times this year.
The US President has invited Xi to the White House in September.
Trump may travel to Shenzhen in China for the Asia-Pacific Economic Cooperation meeting in November. And Xi could come to the G-20 summit in December in Miami.
“This is a summit again that was heavier on symbolism than it was on substance — focus on managing problems, not on solving the problems that exist between the US and China,” said Rush Doshi, former National Security Council deputy senior director for China and Taiwan in the Biden administration.
“The way that both leaders talked about the future indicates that this is going to be part of a process that will play out this year,” said Kurt Campbell, former deputy secretary of State in the Biden administration.
