Three New Criminal Laws Came into Force.2024
From July 1, i.e., Monday, three new criminal laws, the Indian Justice Code, the Indian Civil Defence Code, and the Indian Evidence Code, have come into force in the country. This bill was passed by both houses of Parliament 22 years ago. While passing this bill from both houses, only a brief debate was held, and this was the time when more than 140 opposition MPs were suspended from Parliament. At that time, the opposition and legal experts had said that the law which would change the country’s judicial system should have been fully debated in Parliament. It has come into force from Monday, while non-BJP-ruled states have opposed this law. On Sunday, officials of the central government said that the state government is free to make amendments to the Indian Security Code on its own.
From Monday, the Indian Justice Code, the Indian Civil Defence Code, and the Indian Evidence Code have replaced the Indian Penal Code 1860, the Criminal Procedure Code 1973, and the Indian Evidence Act 1872. New crimes have been included in the new Indian Penal Code, like imprisonment of up to ten years in case of cheating by promising marriage, life imprisonment for mob lynching on the basis of race, caste, community, gender, and imprisonment of up to three years for extortion. Terrorism laws like UAPA have also been included in it.
Introduction of New Laws.
More than 650 district courts and 16,000 police stations in the country have adopted this new system. From now on, crimes will be registered under section 173 of CrPC instead of section 154. What will change with the implementation of the new criminal law? A mandatory time limit has been fixed for FIR charges and hearings. Now the decision will have to be given within 45 days of the hearing. The complaint will have to be registered within three days. Then the crime and criminal tracking network system will be recorded through CCTV.
Expansion of Laws.
Under the National Crime Records Bureau, CCTNS has been upgraded so that people can register FIRs without going to the police station and then it can be registered in any police station, whether the crime falls under its jurisdiction or not. Earlier, police remand was only for 15 days, but now it can be given up to 60 or 90 days. Many legal experts are concerned about such a long police remand before the trial begins.
Changes in Criminal Categories.
Actions that endanger the sovereignty, unity, and integrity of India have been included in a new category of crime. Technically, the rule was removed from the IPC, which was also stayed by the Supreme Court. This new provision can be punished. Its detailed definition has been given as a part of a special law like the Prevention of Terrorism Act. It has now been included in the Indian Penal Code. Similarly, there is a provision of three years’ imprisonment for organized crime, including small organized crimes. Earlier, states had different laws regarding this. Sex by false promise of marriage has been specifically presented as a crime. There will be a punishment of ten years for this. And section 377 was used to prosecute incestuous relations. It has now been removed. The Karnataka government has objected to this. They say that it is not right to completely remove section 377 because it has been used in crimes of unnatural sex.
Forensic Evidence and IT Usage.
Presenting forensic evidence in investigations has now been made mandatory. More use of information technology such as recording of search and seizure, conducting all interrogation, and inquest in online mode is included. Now only the convicts sentenced to death can file a mercy petition. Earlier NGOs or civil society groups would also file mercy petitions on behalf of the convicts.
Opposition’s Reaction.
A week before the implementation of the law, two Chief Ministers of opposition-ruled states, West Bengal Chief Minister Mamata Banerjee and Tamil Nadu’s MK Stalin, wrote a letter to Union Home Minister Amit Shah demanding not to implement the laws. Tamil Nadu and Karnataka had also objected to the name of this law. They said that the laws introduced in Article 348 of the Constitution should be in English. Former Additional General Indira Jai Singh had recently said in an interview with journalist Karan Thapar that if the three new criminal laws are implemented on July 1, then we will face a big judicial problem. The biggest concern is that the life and freedom of the accused can be in danger. Indira Jai Singh has publicly appealed to the Law Minister and all the major opposition leaders of the country to put a stay on the three criminal laws until they are discussed further. She says that they should be considered carefully once again.