India's Legal System Enters a New Era: Three New Criminal Laws Come into Force

In a significant development, India's legal system is set to undergo a major transformation as three new criminal laws come into effect today, replacing the decades-old Indian Penal Code, Indian Evidence Act, and the Code of Criminal Procedure. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, passed in Parliament last December, will modernize and decolonize the Indian legal system.

The implementation of these new laws marks a significant shift in India's criminal justice system, aiming to modernize and decolonize the existing laws. The new laws prioritize investigations of offences against women and children, mandating completion within two months of the initial report. The Bharatiya Nyaya Sanhita introduces new crimes, including Clause 69, which penalizes sexual intercourse through the employment of "deceitful means". The new laws also provide for summons through electronic modes, mandatory videography of crime scenes, registration of police complaints online, and zero FIR.

Why it Matters : The implementation of these laws has raised concerns among the legal fraternity, with some arguing that they may cause hardship among police, lawyers, and judges who would be required to adapt to the new laws. Despite these concerns, the government has stated that the new laws would modernize and decolonize the Indian legal system. The new laws have been framed by Indians, for Indians, and are seen as a significant step towards decolonizing the Indian legal system.

The Bharatiya Nyaya Sanhita introduces a handful of new crimes, including Clause 69, which penalizes sexual intercourse through the employment of "deceitful means". The provision reads: "Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her… shall be punished with imprisonment" of up to 10 years, and also be liable for a fine. "Deceitful means" includes the false promise of employment or promotion, inducement, or marrying after suppressing identity.

Other key updates on the new laws:

1. Electronic Summons and Mandatory Videography The new laws allow for electronic summons and mandatory videography of crime scenes for serious offenses. 

2. Victims' Rights and Involvement Victims will receive a complimentary copy of the FIR, ensuring their involvement in the legal proceedings. 

3. Right to Notify a Person of Choice If someone is arrested, they have the right to notify a person of their choosing about their circumstances, ensuring prompt support and help. 

4. Display of Arrest Details Arrest details will be prominently displayed in police stations and district headquarters, making it easier for families and friends of the arrested individual to access crucial information. 

5. Strengthening Investigations Forensic experts must now visit crime scenes for serious offenses and gather evidence, and the evidence collection process must be videographed to prevent tampering. 

6. Prioritizing Investigations of Offences Against Women and Children The new laws prioritize investigations of offences against women and children, mandating completion within two months of the initial report. 

7. Free Medical Treatment for Victims Victims of crimes against women and children are entitled to receive free first-aid or medical treatment at all hospitals. 

8. Electronic Delivery of Summons Summons can now be delivered electronically, speeding up legal procedures and reducing paperwork. 

9. Recording of Statements For specific offences against women, a female magistrate should ideally record the victim's statements. 

10. Access to Documents Both the accused and the victim have the right to receive copies of the FIR, police report, chargesheet, statements, confessions, and other documents within 14 days. 

Critics argue that the new laws do not "overhaul" the existing laws, and that the consultation process during the pandemic for drafting the laws, and their hasty passage through Parliament, has caused much disquiet. Some legal experts opine that the new laws may not bring about significant changes to the existing laws. The Bar Council of India has assured the legal community that it would convey to the Union Government the bar's concerns about the new laws.

Key Takeaways:

• India's new laws replace the Penal Code, Evidence Act, and Criminal Procedure Code today.
• They focus on quick investigations of crimes against women and children.
• New offenses include penalizing sexual intercourse through deceitful means.
• The laws introduce electronic summons and mandatory crime scene videography.
• Their implementation raises concerns among legal professionals about adaptation challenges.