July 1 Marks an End to Colonial Laws With New Criminal Laws; Know Which Laws have Been Replaced

Starting July 1, the nation’s judicial system will undergo significant reforms. The outdated Indian Penal Code (1860), Indian Evidence Act (1872), and Code of Criminal Procedure (1973) have been replaced by the Indian Justice Code (2023), the Indian Evidence Act (2023), and the Indian Civil Protection Code (2023).

These three new laws, passed by Parliament in December of last year, are now in force nationwide. The new laws particularly enforce modern advancements into legal processes of India. The government emphasized the importance of these changes during parliamentary discussions when discussing the New Criminal Bill.

What are the New Criminal Laws?

The three new laws replacing the old ones are:

• Indian Justice Code (2023) replaces the Indian Penal Code (1860)
• Indian Civil Protection Code (2023) replaces the Code of Criminal Procedure (1973)
• Indian Evidence Act (2023) replaces the Indian Evidence Act (1872)

When were New Criminal Laws Introduced?

The bills for these new laws were proposed in the Lok Sabha on December 12, 2023.

• July 1, 2024: The new criminal laws comes into force
• February 24, 2024: The Central Government announced that the new laws would take effect from July 1, 2024.
• December 25, 2023: The President gave his assent to the new laws
• December 21, 2023: The Bills passed by the Rajya Sabha
• December 20, 2023: The Lok Sabha passed the bills and transfers it to Rajya Sabha
• December 12, 2023: Bills for the new laws were proposed in the Lok Sabha.

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Making Indian Laws Digital Friendly

The new laws incorporate the latest technology, expanding the definition of documents to include electronic records such as emails, server logs, SMS, websites, and digital messages. A move like this will also reduce the volume of paper in courts.

Expansion of Video Conferencing and Videography

The new laws provide for the digitization of processes from FIR to judgment. Now, the entire trial process, including cross-examinations, can be conducted via video conferencing. Videography during searches and seizures is mandatory, ensuring that chargesheets without such recordings are invalid.

Emphasis on Forensic Science

Union Home Minister Amit Shah emphasized in the House that, despite 75 years of independence, the country's conviction rate remains low. He pointed out that this low conviction rate underscores the urgent need to promote forensic science. The establishment of a National Forensic Science University aims to produce 33,000 forensic experts annually. For crimes with sentences of seven years or more, forensic team visits to crime scenes are mandatory to strengthen evidence and reduce acquittal rates.

Introduction of Mobile Forensic Science Laboratories

In Delhi, an effective trial was conducted where the Forensic Science Laboratory (FSL) team responded to every criminal incident with a potential penalty of over seven years. To enhance this approach, the successful implementation of mobile FSL units has been introduced. These units will consist of three mobile FSLs per district, ensuring prompt forensic response at crime scenes.

Provision for e-FIR and Zero FIR

For the first time, e-FIR and Zero FIR provisions have been introduced. Citizens can register crimes anywhere, even outside their local police station's jurisdiction. The registered crime must be sent to the concerned police station within 15 days. Each district and police station will have a designated officer to inform the family of an arrested person online and personally.

Video Recording of Statements

In cases of sexual assault, the victim's statement is mandatory, and in cases of sexual harassment, the statement must also be recorded on video. After the initial 90-day period, the complainant must receive status updates from the police every 15 days. This ensures that individual rights are protected, as no government will be permitted to withdraw a case involving a prison sentence of seven years or more without first consulting the victim.

Court Decisions are available online

A goal has been set to computerize all courts in the country by 2027. The new laws require charge sheets to be filed within 90 days, with a possible extension of another 90 days. The court must give notice of charges within 60 days and deliver verdicts within 30 days of arguments concluding, with decisions made available online within seven days.

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