India’s New Criminal Laws

The obvious question arises: why the change? There are both symbolic and practical reasons. More than seven decades have passed since India gained independence, yet our laws remained rooted in colonial times. Clearly, it was time for an overhaul, for Indian laws made by Indians. And perhaps most importantly,

Over time, India’s laws became outdated, with some provisions and procedures no longer making sense. Reform became imperative. While most legal experts and political parties agreed on the need for reform, they disagreed on the specifics—such as the nature of reforms and how these laws should be drafted.

Let’s take a closer look at some of these new laws!

1. Lynching Now a Separate Offense: The new laws recognize murder on the grounds of caste or community as a separate offense. Lynching is now distinct from other types of murder. Following the Supreme Court’s request for new legislation, the government has included specific provisions addressing lynching.

2. New Rules for Organized Crime and Terror: Previously, provisions for organized crime and terrorism were scattered across various laws, such as the UAPA, and some states like Maharashtra had their own region-specific laws. The new laws aim to centralize and simplify these rules by consolidating them into a single framework.

3. Sex via Deceit Will Be Penalized: Intercourse obtained through deceit, such as making false promises of marriage, promising a job, or hiding one’s identity to have sexual relations with a woman, will be penalized under the new laws. The maximum punishment is 10 years in prison. However, some legal experts are concerned that even consensual relations could later be criminalized under this provision.

4. Extension of Police Custody from 15 to 19 Days: Previously, under the CRPC, an accused could spend up to 15 days in police custody before being transferred to judicial custody. This time limit has now been extended from 15 days to 19 days. Consequently, police can detain an accused for up to 90 days. However, concerns have been raised about this extension, as prolonged time in police custody raises fears of torture and evidence tampering.

5. Focus on Speedy Justice: Under the new laws, charges must be framed within 60 days, and trial judgments must be delivered within 45 days.

6. Inclusion of Community Service as a Punishment: The new laws introduce community service as a punishment, particularly for minor crimes such as petty theft or defamation. Previously, these offenses carried jail time and fines, but now judges have the option to impose community service. The specific type of service, such as street cleaning or volunteer work, is left to the discretion of the sentencing judge.

7. FIRs Can Be Filed Irrespective of Jurisdiction: A FIR (First Information Report) is the initial report filed with the police when a complaint is made. Previously, jurisdiction could be a hurdle, as each police station has its own operational area. Now, however, zero FIRs can be filed at any police station, regardless of where the crime occurred. Jurisdictional constraints no longer limit the filing of FIRs.

8. Sedition Scrapped, Treason Introduced: Sedition has been repealed as a crime, and a new provision has been introduced focusing on offences against the state, essentially treason. While the removal of sedition is seen as a positive step, the implications of this new provision remain unclear, with some experts arguing that it could be equally draconian.

9. Intercourse with a Minor Wife Is Rape: The new law now considers intercourse with a minor wife as rape, addressing a longstanding issue. Previously, laws only prohibited it for brides below 15 years of age, but this update extends justice to brides aged 15 to 18 years.

10. Trial in Absentia Introduced: Previously, while evidence could be recorded in the absence of the accused, conducting a full trial was not allowed except in rare instances under laws like UAPA. However, the new laws now permit trials in absentia for certain crimes. This means individuals can be tried and convicted without being present. While this practice exists in other countries, it marks a first for India.

Adapting to these new laws will take time. All new cases will now be registered and tried under these new laws. The first case was filed in Gwalior just a couple of days ago.

Regarding ongoing cases, the old laws will continue to apply. I understand it may seem a bit complex, but that’s the nature of overhauls—they require time and effort to implement fully.

02-07-2024

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