Lok Sabha Question No. 1377 (UNSTARRED), answered on 2024-07-30
Subject: Highlights of new Criminal Laws
Ministry: HOME AFFAIRS
Asked by: Dr. C M Ramesh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1377

TO BE ANSWERED ON THE 30 TH  JULY, 2024/ SHRAVAN 8, 1946 (SAKA)

HIGHLIGHTS OF NEW CRIMINAL LAWS

1377. SHRI C M RAMESH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether new criminal laws have been notified and came into force;

(b) the highlights of new criminal laws;

(c) the details of provisions which deal with giving bail to the accused; and

(d) the extent to which the new criminal laws help reduce overcrowding of jails in the country?

## ANSWER

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

(a) The Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita),  2023  (BNSS),  and  the  Bharatiya  Sakshya  Adhiniyam,  2023  (BSA) were notified in the Gazette of India on 25 th  December, 2023. The provisions of  BNS,  except  the  provision  of  sub-section  (2)  of  section  106  and  entry relating to section 106(2) of BNS in the first schedule of BNSS, and BSA have come into force from 1st of July, 2024.

(b) Highlights of the new Criminal Laws are placed at Annexure-I.

- (c) Section 478 to 496 of BNSS contains details of the provisions relating to bail and bond.
- (d) In order to reduce overcrowding of jails, following provisions have been made in the BNS, 2023 and BNSS, 2023:
- (i) In section 290 of BNSS, plea bargaining has been made time bound and application can be made within 30 days from date of framing of charge. Further, section 293 of BNSS provides that where the accused is first-time offender and has not been convicted of any offence in the past, the Court may sentence such accused person to one-fourth/one-sixth of punishment prescribed for such offence.
- (ii) The maximum period for which undertrial prisoner can be detained has been prescribed in the section 479 of BNSS, 2023. It has been provided  that  where  a  person  is  a  first-time  offender  (who  has never  been  convicted  of  any  offence  in  the  past),  he  shall  be released on bond by the Court, if he

has undergone detention for the period extending up to one-third

- of the maximum period of imprisonment specified for such offence under that law. Further, it shall be the duty of the Superintendent of Jail to make an application to the Court in this regard.
- (iii) For the first time, Community Service has been introduced as one of the punishments in section 4 of BNS, 2023.

***

## Highlights of New Criminal Laws

The  new  criminal  laws  mark  a  significant  step  towards  empowering  Indian citizens. These laws aim to create a more accessible, supportive, and efficient justice system for everyone. The following are key provisions of the new criminal laws, highlighting the impact on individual rights and protections:

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: Victims will 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:    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.

## Annexure-I

vi. 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.  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.

vii. Fast-Track  Investigations:  The  new  laws  prioritized  the  investigations  for offences  against  women  and  children,  ensuring  timely  completion  within  two months of recording information.

viii. 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.

ix. Free Medical Treatment for Victims: 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, prioritizing the well-being and recovery of victims during challenging times.

x. Electronic Summons: Summons can now be served electronically, expediting legal  processes,  reducing  paperwork,  and  ensuring  efficient  communication between all parties involved.

xi. Statements  by  Woman  Magistrate:  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.

xii. 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.

xiii. Limited  Adjournments:    Courts  grant  a  maximum  of  two  adjournments  to avoid unnecessary delays in case hearings, ensuring timely justice delivery.

xiv. Witness Protection Scheme: The new laws mandates all State Government to implement Witness Protection Scheme to ensure the safety and cooperation of witnesses, enhancing the credibility and effectiveness of legal proceedings.

xv. Gender  Inclusivity:  The  definition  of  'gender'  now  includes  transgender individuals, promoting inclusivity and equality.

xvi. 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.

xvii.  Audio-Video Recording of Statements: 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.

L.S.US.Q.NO. 1377 FOR 30.07.2024 xviii. 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. xix. Offences Against Women and Children: A new chapter has been added in BNS specifically to address offences against women and children, ensuring focused protection and justice. xx. Gender-Neutral Offences: Various offences against women and children have been made gender-neutral in BNS, covering all victims and perpetrators regardless of gender. xxi. Community service: The new laws introduce community service for minor offences  promoting  personal  growth  and  social  responsibility  of  an  individual. Under community service, the offenders get the chance to positively contribute to society, learn from their mistakes, and build stronger community bonds. xxii.  Aligned Fines for Offences: Under new laws, the fines imposed for certain crimes  have  been  aligned  with  the  severity  of  the  offences,  ensuring  fair  and proportional punishment, deterring future offences, and maintaining public trust in the legal system. xxiii. Simplified  Legal  Processes:  The  legal  processes  have  been  simplified  to make them easier to understand and follow, ensuring fair and accessible justice. xxiv. Faster  and  Fair  Resolution:    The  new  laws  promises  a  faster  and  fair resolution of cases, instilling confidence in the legal system.

*****