New Delhi/Hyderabad/Bhubaneswar: The first FIR under the new criminal laws, which came into force from midnight of July 1, was registered at a police station in Gwalior, Home Minister Amit Shah informed on Monday.
“…The first case (under the new laws) has been registered at a police station in Gwalior. It was a case of theft, someone’s motorcycle was stolen. The case was registered at 12.10 am…As far as the case against a vendor (registered at a Police Station in Delhi) is concerned, there were provisions for the same earlier too and it is not a new provision. Police used the provision to review it and dismissed that case,” he clarified at a press briefing.
It was earlier reported that a case under Section 285 of Bharatiya Nyaya Sanhita, was registered against a street vendor, selling water and tobacco on a cart, for obstructing a road near New Delhi Railway Station in the Kamla Market area.
India’s criminal justice system saw a major overhaul as three new criminal laws- Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – replaced the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively.
Shah stated that there will now be speedy trial and speedy justice. “…First of all, I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely ‘Swadeshi’. This will function on Indian ethos. After 75 years, these laws were contemplated upon and when these laws are in effect from today, colonial laws have been scrapped and laws made in the Indian Parliament are being brought into practice. Instead of ‘Dand’, it is now ‘Nyay’. Instead of delay, there will be speedy trial and speedy justice. Earlier, only the rights of the Police were protected but now, vicitms’ and complainants’ rights will be protected too.”
He said that sections and chapters were prioritised in line with the spirit of our Constitution. “The first priority has been given to (the chapters on) crimes against women and children. I believe that this was needed to be done much earlier. An entire chapter with 35 sections and 13 provisions has been added. Now, gangrape will attract 20-year imprisonment or life imprisonment, rape of a minor will attract death penalty, a separate crime has been defined for sexual exploitation by hiding one’s identity or making false promises…A provision has been made to record statement of the victim at her home in the presence of women officers and her own family. Besides this, the facility of online FIR has been provided too; we believe that a lot of women can be saved from embarrassment this way.”
In Odisha, the first case under the new laws was reportedly registered at Laxmisagar police station in Bhubaneswar by the Commissionerate Police. At least 17 circulars/SOPs were issued in phases by the Crime Branch to facilitate processes police officers are required to adhere to during investigation and registration of cases under BNS, BNSS and BSA, Odisha DGP Arun Kumar Sarangi told the media.
“Master trainers have been imparting training and all the investigating officers have been trained. We have set up a help desk and the training will be a ongoing process. We have collaborated with the National Law University for the training of the senior officers,” he said.
He added that the officers have also been trained in Crime and Criminal Tracking Network and Systems (CCTNS).
Similarly in Hyderabad, an FIR under Section 104 of the BNS was registered at Rajendranagar police station following the death of a driver on the PVNR Expressway. The accident took place 2 am when the car was heading towards the airport from the city, The Hindu reported.
A probable first FIR under the new law was also files in Madhya Pradesh in an alleged assault and abuse case at Nishatpura police station in Bhopal.
However, cases filed earlier will continue to be tried under the old laws till their final disposal.
WHAT’S NEW
According to the new law, the evidence collection process at the crime scene will be mandatorily videographed to prevent evidence tampering. In case of rape cases, medical examination of victim have to be carried out within 24 hours of receiving complaint.
The BNS has 358 more sections and 20 new crimes. While the jail sentence for 33 crimes has been increased, the fine amount has been raised in 83 crimes with mandatory minimum punishment in 23 crimes. The penalty for community service has been introduced in six crimes. Judgments are now required within 45 days of completion of trial and charges framed within 60 days of first hearing. The new laws allow any person to file a Zero FIR at any police station, regardless of jurisdiction; it also permit online registration of police complaints and summonses through electronic modes such as SMS.
OPPOSITION REACTS
While Union Home Minister Amit Shah had said the change was made to ensure “speedy justice and justice to all”, the Opposition parties, including the Congress, argued that the decision to implement the new criminal laws was taken in haste without adequate discussion and debate in Parliament.
“After the political and moral shock in the elections, Modi ji and the BJP are pretending to respect the Constitution, but the truth is that the three laws of the criminal justice system that are being implemented from today were forcibly passed by suspending 146 MPs,” Congress President Mallikarjun Kharge said in a social media post.
“INDIA will no longer allow this ‘Bulldozer Justice’ to run on the Parliamentary system,” he asserted.
Taking to his X handle, senior Congress leader P Chidambaram said, “90-99 per cent of the so-called new laws are a cut, copy and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise. Yes, there are a few improvements in the new laws and we have welcomed them. They could have been introduced as amendments. On the other hand, there are several retrograde provisions. Some changes are prima facie unconstitutional,” he said.
Trinamool Congress MP Sagarika Ghose also expressed concerns about the new laws. “The BNS, BNSS and BSA laws replacing the Indian Penal Code come into effect today. 1) The offence of ‘Sedition’ has made a backdoor entry–dangerous 2) `Terrorism’ has been defined for the 1st time and made a part of day to day criminal offences–VERY dangerous 3) Intrusion into privacy by making “deceit” an offence on promises of marriage by a man to a woman. The new laws are vaguely worded leaving huge scope for the government to snatch away citizens’ lives and liberty. The National Disaster Alliance government led by the “non biological” brings in yet another disaster.”
AMIT SHAH RESPONDS
“For these new laws, a few friends in the Opposition are saying different things before the media…I would like to tell you all that 9.29 hours of discussions were held in Lok Sabha and 34 members participated in that. In Rajya Sabha, over 6 hours of discussions were held. 40 members participated in the discussions. It is also being falsely said that the Bill was brought after the members were sent out (suspended). Bill was already listed before the Business Advisory Committee. I firmly believe that the Opposition had been boycotting the House beforehand, perhaps they didn’t want to participate (in discussions)…”
BAR COUNCIL CALLS PARTS OF NEW CRIMINAL LAWS “ATROCIOUS”
Bar Council of Delhi has written to the Home Ministry for deferring the implementation of three new criminal laws, which are in “total defiance” and “utter disregard” of Constitutional principles. It has raised concern over possible “rampant abuse of power” by police under new laws and termed the increase in police custody from 15 to 60-90 days as atrocious and oppressive.
