Lok Sabha Question No. 2401 (UNSTARRED), answered on 2024-12-10
Subject: New Criminal Laws
Ministry: HOME AFFAIRS
Asked by: Shri Tejasvi Surya, Dr. Sambit Patra

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2401

TO BE ANSWERED ON THE 10 TH  DECEMBER, 2024/ AGRAHAYANA 19, 1946 (SAKA)

NEW CRIMINAL LAWS

†2401.     DR. SAMBIT PATRA: SHRI TEJASVI SURYA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the three new  criminal laws have been notified and implemented, and if so, the main features of these laws;

(b) Whether any special provisions have been made in the Bhartiya Nyaya Sanhita to take strict action in crimes against women, if so, the details thereof; and

(c)  the  laws  will  reduce  crime,  prevent  overcrowding  of  jails  and  help undertrials and if so, the details thereof?

## ANSWER

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

(a)  and  (b):  The  provisions  of  the  Bharatiya  Nyaya  Sanhita  (BNS),  2023 except sub-section  (2)  of  section  106,  the  Bharatiya  Nagarika  Suraksha Sanhita (BNSS), 2023 except entry relating to section 106(2) of BNS in the First  Schedule  to  BNSS,  and  the  Bharatiya  Sakshya  Adhiniyam  (BSA), 2023 have been notified on 25 th  December, 2023 and have come into force from 1 st July, 2024.

In BNS, for the first time, the provisions relating to crime against woman and child have been placed under one Chapter. Strict punishments up to death  sentence  have  been  provided  for  the  offences  against  women. Punishment for gang rape of a woman below the age of 18 years is life imprisonment till remainder of the convict's natural life or death. A new offence   for   having  sexual   intercourse  on  false  promise  of  marriage, employment,  promotion  or  by  concealing  identity,  etc.  has  also  been incorporated in BNS.

Main  features  of  these  laws,  including  provisions  relating  to  offences against women, are given in Annexure.

(c): In order to reduce overcrowding of jails and help undertrials, following provisions have been made in the BNS and BNSS:

- (i) In  section  290  of BNSS, plea bargaining  has been made time bound and application for plea bargaining can be made within 30 days from date of framing of charge. In a plea bargaining case, in working out a mutually  satisfactory  disposition  of  case  under  section  293  of  BNS, 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. 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.

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## MAIN FEATURES OF THE NEW CRIMINAL LAWS

The new criminal laws mark a significant step towards creating a citizen centric,  more accessible and efficient justice system. The following are main features of the new criminal laws:

## (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 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.
3. (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.
- ii. Various  offences  against  women  and  children  have  been  made gender-neutral in BNS, covering all victims and perpetrators regardless of gender.
- iii. In BNS, the age differential for minor victims of gangrape has been done away with. Earlier different  punishments  were  prescribed  for gangrape  on  a  girl  below  the  age  of  16  years  and  12  years.  This provision has been modified and now gangrape on a woman below the age of eighteen years is punishable with imprisonment of life or death.

- iv. 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'.
- v. 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.
- vi. 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.
- vii. Medical practitioners are mandated to send the medical report of a victim of rape to the investigating officer within 7 days.
- viii. 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.

- ix. 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.
2. (C) Provision relating to use of Technology and Forensics
- i. Forensic  Evidence  Collection  and  video  graphy:  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 video graphed to prevent tampering of evidence. This dual approach significantly enhances the quality and reliability of investigations and contributes to a fair administration of justice.
- ii. Electronic  Summons:  Summons  can  now  be  served  electronically, expediting legal processes, reducing paperwork, and ensuring efficient communication between all parties involved.
- iii. 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), 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.

## (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.
- 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.
3. (F) Rights of the Accused

Arbitrary  arrest  of  individuals  solely  to  initiate  judicial  proceedings has  been  curtailed.  The  police,  now,  need  not  arrest  an  accused person just for the Magistrate to take cognizance of the police report and no arrest is needed for taking handwriting, signature, fingerprint, or voice samples.

## (G) 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.

ANNEXURE L.S.US.Q.NO. 2401 FOR 10.12.2024/ (page8)

- ii. Harsher punishment has been prescribed for repeat offenders of theft -  a  mandatory  minimum  sentence  of  1  year  extendable  to  5  years with fine. However, to prevent petty theft from becoming a gateway crime, first-time offenders are punished only with community service, where  the  value  of  the  stolen  property  is  less  than  Rs.  5000  and either such value is returned, or such property is restored.
2. (H) 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.

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