India's legal system has embarked on a new journey with the implementation of three new criminal codes - Bharatiya Nyay Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These laws, effective from July 1, 2024, replace the colonial-era Indian Penal Code (IPC), Indian Evidence Act, and the Code of Criminal Procedure (CrPC). The objective is to modernize the justice system with features like Zero FIR, online police complaint registration, electronic summons via SMS, and videography of crime scenes for serious offenses.
The first two FIRs under the new criminal code were filed in Delhi. The first FIR was lodged in the city's Seelampur police station at around midnight, under clause 109 (1), over a gunfiring incident that led to the injury of one person. The second FIR was lodged in Kamla Market at around 12.15 am, against a street vendor for obstructing a road near the New Delhi railway station. The vendor, identified as Pankaj Kumar from Patna in Bihar, was selling water bottles and tobacco on the road, causing public inconvenience and blockage of the passageway. Despite persuasion by the police, he refused to move, leading to his booking under the new criminal code.
New Laws Aim for Swift Justice and Protection of Vulnerable Groups
The second FIR was filed under Section 285 of the Bharatiya Nyay Sanhita, which states, Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with a fine which may extend to five thousand rupees.
The new criminal laws emphasize timely justice delivery, with strict timelines for delivering trial judgments within 45 days and framing charges within 60 days. They also include special provisions for crimes against women and children, ensuring sensitive handling and expedited medical examinations.
MHA Initiatives for Smooth Transition to New Laws
To facilitate a smooth transition to the new system, the Ministry of Home Affairs (MHA) has undertaken several initiatives. Technical support was provided to states and Union Territories (UTs), and support teams and call centers were established for continuous monitoring and assistance. The Centre for Development of Advanced Computing (C-DAC) is developing the CCTNS 2.0 application, which will incorporate secure cloud storage and features for crime scene videography and forensic evidence collection.
Significantly, the MHA launched a mobile and web application called NCRB Compendium of Criminal Laws. The e-Sakshaya app was developed to enable videography, photography of crime scenes, and document onboarding. It has been distributed to all police departments across states and UTs, with comprehensive testing completed. The Nyayashruti App facilitates electronic judicial hearings and document onboarding, shared with all states/UTs and the e-Committee of the Supreme Court for court implementation. The e-Summon App facilitates electronic service of court summonses.
The MHA also implemented comprehensive training initiatives to build capacity among various stakeholders, including police, prisons, prosecutors, judicial officers, forensic experts, and central police organizations.
This shift in India's legal system is reminiscent of the Napoleonic Code, a French civil law established under Napoleon I in 1804. The Napoleonic Code was a revolutionary change that discarded all previous legal systems and served as the basis of the civil law systems of many countries around the world. Similarly, India's new criminal laws aim to discard the colonial-era laws and establish a modern, efficient, and effective legal system.
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