Focus on 'Nyay' instead of 'dand': Amit Shah welcomes 'swadeshi' criminal laws

Union home minister Amit Shah congratulated the nation for implementation of three new criminal laws- Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)- while addressing a press conference on Monday.

He said, "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 further said.

New Criminal Laws in India: Key Provisions and Implications

India has introduced three new criminal laws designed to align with contemporary times and technologies. These laws, passed by Parliament last December, will replace the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872. The new laws aim to enhance efficiency and fairness in the legal process.

• Innovative Legal Procedures: Features like Zero FIR allow complaints to be filed at any police station, streamlining the initiation of legal action.
• Technological Advancements: Online police complaints and electronic summons services aim to reduce paperwork and enhance communication.
• Swift Judicial Processes: Strict timelines for delivering trial judgments within 45 days and framing charges within 60 days emphasize timely justice delivery.
• Protection for Vulnerable Groups: Special provisions for crimes against women and children ensure sensitive handling and expedited medical examinations.
• Expanded Offenses: New definitions include crimes such as false promises of marriage and gang rape of minors, alongside a comprehensive definition of terrorism.

Specific Provisions

• Clause 69: Criminalizes sexual intercourse under "deceitful means," with penalties including up to 10 years of imprisonment and fines. This clause has sparked debate, with critics arguing it could criminalize consensual relationships.
• Clause 103: Categorizes murder on grounds of race, caste, or community as a distinct offense, addressing the Supreme Court's directive against rising lynching incidents.
• Clause 111(1): Broadly defines organized crime, including economic offenses and cyber-crimes, although terms like "cyber-crimes having severe consequences" remain vague.
• Clause 304(1): Recognizes "snatching" as a distinct offense, punishable by up to three years in prison, distinguishing it from theft.

Extended Police Powers

Clause 187(3): Extends police custody duration from 15 to up to 90 days, aimed at expediting trials but raising concerns about potential misuse and custodial rights.

Trials in Absentia and Statutory Bail

• Introduces trials in absentia, similar to provisions under the UAPA, shifting the burden of proof onto the accused, potentially compromising fair trial rights.
• Removes statutory bail provisions for individuals facing multiple charges, which could lead to prolonged pre-trial incarceration.

Community Service and Marital Rape

• Introduces community service as an alternative to imprisonment for minor offenses like theft or defamation, although the definition and implementation are left to judicial discretion.
• Addresses marital rape of minor wives, aligning with Supreme Court directives and closing gaps in existing laws.