India’s new criminal laws now aim at making justice quicker, more transparent, and more focused on victims. The Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) that came into effect in 2023 replace older laws and introduce reforms that affect victims, the accused, and the justice system as a whole.
Main Highlights
The new criminal laws aim to make justice faster, fairer, and more victim-friendly. They also focus on reducing overcrowding in jails and using technology to improve investigations and trials.
Jail Reforms
- Plea bargaining: Can be applied within 30 days of charges being framed. First-time offenders may get reduced punishment (¼ or ⅙ of normal sentence).
- Undertrials: If a first-time offender has spent one-third of the maximum possible jail term as an undertrial, the court must release them on bond. Jail authorities must ensure this.
- Community service: Introduced for the first time as a punishment for minor offences.
Victim-Centric Provisions
- Report online: Complaints can be filed electronically without visiting a police station.
- Zero FIR: FIR can be filed at any police station, no matter the jurisdiction.
- Free copy of FIR: Every victim has the right to receive it.
- Right to inform: An arrested person can inform anyone of their choice.
- Display of arrest details: Police stations must display details of all arrested persons.
- Case updates: Victims must get progress reports within 90 days.
- Access to documents: Victims and accused must get copies of FIR, chargesheet, statements etc. within 14 days.
- Witness protection: States must implement schemes to protect witnesses.
- No compulsory police station visits: Women, children, elderly, disabled, and ill persons are exempt.
- Victim’s right to be heard: Victim must be heard before withdrawal of a prosecution.
Protection of Women and Children
- Offences against women and children will be given priority.
- Gang rape law: Any gang rape on a woman below 18 years is punishable with life imprisonment or death.
- Summons: Can be received by any adult family member, not just a male.
- Victim’s statement: Must be recorded on audio-video; ideally by a woman Magistrate.
- Medical reports: Doctors must submit within 7 days.
- Free medical aid: All hospitals must give free first-aid/treatment to victims.
- Use of children in crime: Hiring or using a child for committing crime is punishable with 7–10 years in jail.
Use of Technology and Forensics
- Forensic experts: Must visit crime scenes for serious offences (punishable with 7+ years). Evidence collection must be videographed.
- Electronic summons and proceedings: Summons can be served electronically, and legal processes can be done online.
Timelines for Speedy Justice
- Enquiry: Must be completed in 14 days.
- Further investigation: Within 90 days.
- Supply of documents: Within 14 days.
- Case trial commitment: Within 90 days.
- Discharge application: Within 60 days.
- Framing of charges: Within 60 days.
- Judgment delivery: Within 45 days.
- Mercy petitions: 30 days (Governor), 60 days (President).
- Women/child cases: Investigation must finish within 2 months.
- Adjournments: Only 2 allowed per case.
Reformative Approach
- Community service: First-time petty offenders may serve society instead of jail.
- Expanded summary trials: More minor cases will be decided quickly.
Rights of the Accused
- Police need not arrest a person just to file a chargesheet or collect samples like handwriting or fingerprints.
New Offences Added
- Acts of terrorism, mob lynching, snatching, organized crime, and threats to India’s sovereignty.
- Repeat theft: At least 1 year in jail, up to 5 years plus fine.
- Petty theft (below ₹5000): First-time offenders may only get community service if property is returned.
Trial in Absentia
- If an accused is declared a proclaimed offender, the trial can proceed and judgment can be given even without them.
These reforms focus on speed, transparency, victim rights, and fairness, while also introducing modern tools like forensics and online processes. This information was shared by the Minister of State in the Ministry of Home Affairs Bandi Sanjay Kumar in a written reply to a question in the Rajya Sabha.
The article intends to give a general idea about the newly reformed criminal laws in India, based on a Press release by Government of India, and is not intended to be legal advice.