Lok Sabha Question No. 5259 (UNSTARRED), answered on 2026-03-24
Subject: Procedures of Judicial System
Ministry: HOME AFFAIRS
Asked by: Shri Anil Baluni

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 5259

TO BE ANSWERED ON THE 24 TH  MARCH, 2026/ CHAITRA 3, 1948 (SAKA)

PROCEDURES OF JUDICIAL SYSTEM

†5259. SHRI ANIL BALUNI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the details of the provisions made in the new judicial laws;

(b)  whether any time-limit has been prescribed for the procedures of the judicial system under the new judicial laws; and

(c) if so, the details thereof?

## ANSWER

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

(a) to (c): The details of the main features of the new laws i.e. Bharatiya Nyaya  Sanhita,  2023,  Bharatiya  Nagarik  Suraksha  Sanhita,  2023  and Bharatiya  Sakshya  Adhiniyam,  2023  including  the  timelines  prescribed under the new laws for faster and fair resolution of cases are given in the Annexure.

## L.S.US.Q.NO. 5259 FOR 24.03.2026 Annexure

## PROVISIONS MADE IN 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.

## L.S.US.Q.NO. 5259 FOR 24.03.2026

- 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.
4. (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.

## L.S.US.Q.NO. 5259 FOR 24.03.2026

- ii. In BNS, 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'.
- 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.

## L.S.US.Q.NO. 5259 FOR 24.03.2026

- 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.
- 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.

## L.S.US.Q.NO. 5259 FOR 24.03.2026

- (C) Provision relating to use of Technology and Forensics
- i. 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.
- 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. 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.
- (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.
- 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.
- (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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