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Zero FIR, victim rights: India's new criminal laws

The new laws guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals.

News Arena Network - New Delhi - UPDATED: June 28, 2024, 07:41 PM - 4 mins read

Zero FIR, gender inclusivity, victim rights: India's new criminal laws

Zero FIR, victim rights: India's new criminal laws

India's new criminal laws will come into effect on July 1, 2024, replacing the British-era laws.


India will implement new criminal laws starting from July 1.

 

The new laws, namely Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023, will replace the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act respectively, starting from July 1.

 

Key highlights of these new criminal laws include the introduction of Zero FIR, the option to register police complaints online, serving summons through electronic methods, and the mandatory videography of crime scenes for all serious crimes.

 

The Union home ministry is gearing up to roll out the three new criminal laws starting next week. Forty lakh grassroots functionaries will be trained to ensure people are aware of the legislation and its impact on everyone, particularly women and children.

 

Over 5.65 lakh police, prison, forensics, judicial and prosecution officials have also been trained about the new laws.

 

The BPR&D provided 250 training courses, webinars, and seminars, through which they trained 40,317 officers and personnel.

 

Under the new laws, victims will be provided with a complimentary copy of the FIR, ensuring their involvement in the legal process.

 

A noteworthy addition to the law is that the individual who has been arrested has the right to inform a chosen person about their situation.

 

This will ensure immediate support and assistance for the arrested individual.

 

Additionally, details of the arrest will now be prominently displayed in police stations and district headquarters, providing easy access to important information for the families and friends of the arrested person.

 

To strengthen the case and investigations, forensic experts must visit crime scenes for serious offences and collect evidence. Additionally, the process of evidence collection at the crime scene will be videographed to prevent tampering with evidence.

 

This dual approach significantly enhances the quality and reliability of investigations and contributes to a fair administration of justice.

 

The fresh regulations give top priority to probing crimes against women and children, aiming for prompt completion within a two-month period from when the information is recorded. With the new legislation, victims have the right to receive frequent updates on the status of their cases within 90 days.

 

This rule ensures that victims stay informed and engaged in the judicial proceedings, which improves transparency and builds trust.

 

The new laws guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals. This provision ensures immediate access to essential medical care, prioritising the well-being and recovery of victims during challenging times.

 

Electronic service of summons is now permitted, which speeds up legal processes, reduces paperwork, and facilitates efficient communication among all involved parties.

 

In cases of specific offences against women, the victim's statements should, whenever possible, be documented by a female magistrate. In the absence of a female magistrate, a male magistrate should be present along with a woman to ensure sensitivity and fairness, thereby creating a supportive environment for victims.

 

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.

 

Courts may grant a maximum of two adjournments to prevent unnecessary delays in case hearings, thus ensuring timely delivery of justice.

 

New legislation has made the implementation of a witness protection program mandatory by all state governments to ensure the safety and cooperation of witnesses, thus improving the credibility and efficiency of legal proceedings.

 

The definition of "gender" has been expanded to include transgender individuals, aiming to promote inclusivity and equality.

 

The new laws allow for all legal proceedings to be conducted electronically, providing convenience to victims, witnesses, and the accused, thereby streamlining and expediting the entire legal process.

 

To offer greater protection to victims and ensure transparency in the investigation of rape cases, the statements of victims must now be recorded by the police using audio or video means.



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