Lok Sabha Question No. 227 (STARRED), answered on 2025-12-16
Subject: New Criminal Laws
Ministry: HOME AFFAIRS
Asked by: Shri Satish Kumar Gautam

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO. *227

TO BE ANSWERED ON THE 16 TH  DECEMBER, 2025/ AGRAHAYANA 25, 1947 (SAKA)

NEW CRIMINAL LAWS

†*227. SHRI SATISH KUMAR GAUTAM:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether new criminal laws liberate people from a colonial mindset, if so, the details thereof; and

(b) whether the new criminal laws focus on justice rather than punishment, if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR)

(a) to (b): A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION No. *227 FOR 16.12.2025

(a) to (b): After extensive consultation with all stakeholders, the Government of  India  has  replaced  colonial-era  Criminal  Laws,  namely  the Indian Penal Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973 and  the  India  Evidence  Act  (IEA),  1872  with  the  Bharatiya  Nyaya  Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023 respectively. These new Criminal Laws have come into force from 1st July, 2024.

These new laws replace outdated colonial era legal structures and have citizen-centric/  victim  oriented  provisions  and  technology-enabled  justice system. Certain substantial reforms in the new Criminal Laws that indicate a shift from colonial mindset are as follows: -

- i. The BNSS, 2023 has replaced outdated and offensive terms like 'lunatic person' and 'person of unsound mind' with phrases like 'person with mental illness' or 'having intellectual disability'.
- ii. In BSA, 2023, obsolete colonial terms such as 'Pa rliament of the United Kingdom', 'London Gazette', 'Her Majesty's Government', and others have been deleted as irrelevant. Further, archaic terms such as 'Vakil', 'Pleader',  and  'Barrister'  have  been  replaced  with  the  unified  term 'Advocate' to better a lign with current legal practice.

## L.S.S.Q.NO. *227 FOR 16.12.2025

- iii. The section relating  to  sedition  which  had  colonial  origins  has  been deleted and replaced with section 152 of BNS, 2023, which makes acts endangering  sovereignty,  unity  and  integrity  of  India  a  punishable offence.
- iv. The  new  laws  introduce several fundamental  reforms  aimed  at modernizing and streamlining criminal procedure, with a strong focus on accessibility, transparency and efficiency. These reforms represent a  significant  shift  towards  a  more  citizen-centric,  accessible  and efficient justice system.
- v. The new laws have victim centric provisions and give precedence to protection of women and children.
- vi. To significantly improve speed, efficiency and transparency in judicial process,  focused  attention  has  been  given  to  the  use  of  modern technology  and  forensics.  Also,  timelines  have  been  prescribed  for faster  and  fair  resolution  of  cases,  instilling  confidence  in  the  legal system.

The details of provisions of the new Criminal Laws that focus on justice rather than punishment are given in Annexure.

****

- (A) Victim Centric Provisions
- i. Report  Incidents Online: A  person  may  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.
- ii. File FIR at Any Police Station: 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.
- iii. Free Copy of FIR: Victim is entitled to receive a free copy of the FIR, ensuring their participation in the legal process.
- iv. Right to Inform Upon Arrest: In the event of an arrest, the individual has the right to inform a person of his choice about their situation. This will ensure immediate support and assistance to the arrested individual.
- v. Display of Arrest Information:  Every police station and district must now have  a  designated  police  officer  not  below  the  rank  of  ASI  and  the information of all arrested individuals shall now be prominently displayed in every police station. This safeguards the right of the accused persons

## L.S.S.Q.NO. *227 FOR 16.12.2025

and mitigates instances of custodial violence and illegal detention by police.

- vi. Progress Updates to Victims: Victims are entitled to get update on the progress  of  their  case  within  90  days.  This  provision  keeps  victims informed and involved in the legal process, enhancing transparency and trust.
- vii. Supply of police report and other documents: Both the accused and the victim are entitled to receive copies of the FIR, police report/chargesheet,  statements,  confessions  and  other  documents within 14 days.
- viii. Witness Protection Scheme: The new laws mandate all State Governments to implement Witness Protection Scheme to ensure the safety and security of witnesses, enhancing the credibility and effectiveness of legal proceedings.
- ix. Exemption from going to police station: Women, persons below 15 years, persons above 60 years, and those with disabilities or acute illness are exempt from attending police stations.

- x. It is mandated that victim be heard before withdrawal from prosecution in  Section  360  of  BNSS.  The  statutory  recognition  of  the  right  of  the victim to be heard is a significant example of a nyaya centric approach to  criminal  justice  system.  By  mandatorily  hearing  the  victim  in proceedings regarding withdrawal of cases, the justice system becomes more responsive to the needs and concerns of those directly affected by crime.

## (B) Provisions for protection of Woman and Child

- i. Offences against woman and child have been given precedence over all other offences in a new Chapter-V of BNS, 2023.
- ii. In BNS, 2023 the age differential for minor victims of gang rape has been done away with. Earlier different punishments were prescribed for gang rape on a girl below the age of 16 years and 12 years. This provision has been modified and now gang rape on a woman below the age of eighteen years is punishable with imprisonment of life or death.
- iii. Women have been recognized as an adult member of family who can receive  summons  on  behalf  of  the  person  summoned.  The  earlier reference to 'some adult male member' has been replaced with 'some adult member'.

## L.S.S.Q.NO. *227 FOR 16.12.2025

- iv. In order 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 by police.
- v. For certain offences against woman, statement of the victim is to be recorded,  as  far  as  practicable,  by  a  woman  Magistrate  and  in  her absence  a  male  Magistrate  in  the  presence  of  a  woman  to  ensure sensitivity and fairness, creating a supportive environment for victims.
- vi. Medical  practitioners  are  mandated  to  send  the  medical  report  of  a victim of rape to the investigating officer within 7 days.
- vii. It is provided that no male person under the age of fifteen years or above the  age  of  60  years  (65  years  earlier)  or  a  woman  or  a  mentally  or physically  disabled  person  or  a  person  with  acute  illness  shall  be required to attend at any place other than the place in which such male person or woman resides. In cases where such a person is willing to attend the police station, they may be allowed to do so.

## L.S.S.Q.NO. *227 FOR 16.12.2025

- viii. The new laws provide for 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, prioritizing the well-being and recovery of victims during challenging times.
- ix. The act of hiring, employing or engaging a child to commit an offence, is  made  a  punishable  offence  under  section  95  of  Bharatiya  Nyaya Sanhita 2023, which entails punishment of imprisonment of minimum seven years, extendable to ten years. This provision aims to deter gangs or groups from employing/hiring children for committing offence.
3. (C) Provisions relating to use of Technology and Forensics
- i. To significantly improve the speed, efficiency and transparency of the judicial  process,  applications  like  e-Summons,  e-Sakshya  and  NyayaShruti (VC) have been developed. The e-Summon facilitates delivery of summons  through  electronic  means.  The  e-Sakshya  enables  lawful, scientific  and  tamper-proof  collection,  preservation  and  electronic submission of digital evidence thus ensuring authenticity and reducing delays.  Nyaya-Shruti  (VC)  facilitates  virtual  appearance  of  accused persons,  witnesses,  police  officials,  prosecutors,  scientific  experts, prisoners etc. through video conferencing.

## L.S.S.Q.NO. *227 FOR 16.12.2025

- ii. Forensic Evidence Collection and videography: To strengthen the case and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence in offences which are punishable for 7 years or more. Additionally, the process of evidence collection at the crime scene will be mandatorily videographed to prevent tampering  of  evidence.  This  dual  approach  significantly  enhances  the quality and  reliability of investigations and  contributes to a fair administration of justice.
- iii. Electronic  Summons:  Summons  can  now  be  served  electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.
- iv. All proceedings in Electronic Mode: By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses and accused, thereby streamlining and expediting the entire legal process.

## (D) Timelines

- i. Faster  and  Fair  Resolution:  The  new  laws  promise  a  faster  and  fair resolution  of  cases,  instilling  confidence  in  the  legal  system.  Crucial stages  of  investigation  and  trial  like -  preliminary  enquiry  (to  be completed in 14 days), further investigation (to be completed in 90 days),

## L.S.S.Q.NO. *227 FOR 16.12.2025

supply  of  document  to  the  victim  and  accused  (within  14  days), commitment  of  a  case  for  trial  (within  90  days),  filing  of  discharge applications  (within  60  days),  framing  of  charges  (within  60  days), pronouncement of judgment (within 45 days) and filing of mercy petitions (30  days  before  Governor  and  60  days  before  President)  -  have  been streamlined and to be completed within stipulated time period.

- ii. Fast-Track Investigations: The new laws prioritized the investigations for offences against women and children, ensuring timely completion within two months of recording information.
- iii. Limited Adjournments: Courts can grant a maximum of two adjournments to  avoid  unnecessary  delays  in  case  hearings,  ensuring  timely  justice delivery.
3. (E) Reformative Approach
- i. Community service: The new laws introduce community service for minor offences.  The  offenders  get  the  chance  to  positively  contribute  to society, learn from their mistakes and build stronger community bonds.

## L.S.S.Q.NO. *227 FOR 16.12.2025

- ii.  Expansion of the ambit of summary trial: The ambit of summary trial has now  been  expanded  to  include  more  offences  ensuring  expeditious disposal of cases.

## (F) New Offences

- i. New  offences  addressing  terrorist  act,  act  endangering,  sovereignty, unity and integrity of India, mob lynching, snatching, organized crime, petty organized crime etc. have been added.
- ii. In  case  of  petty  theft,  first-time  offenders  are  punished  only  with community service, where the value of the stolen property is less than Rs. 5000 and where such value is returned, or such property is restored.
3. (G) Trial in absentia

A new provision of trial in absentia for persons declared as proclaimed offenders allows the Court to proceed with the trial and pronounce the verdict in the absence of the accused. This provision ensures that justice is neither delayed nor denied.

## (H) Plea bargaining

In order to provide scope for plea bargaining, a person accused of an offence may file an application for plea bargaining within a period of 30 days from the date of framing of Charge in the Court.  If the Court is satisfied regarding the prayer of the accused, it shall provide a time not exceeding 60 days to the Public Prosecutor, or the complainant of the case and the accused, to work out a mutually satisfactory disposition of the case which may include giving compensation to the accused. A time period  of  60  days  has  been  prescribed  for  the  Court  to  decide  such application. The earlier CrPC did not have any time-line for such Plea bargaining.

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