Three new criminal laws to expedite justice system, will effect from July 1st, Home Secretary
Three newly formulated criminal laws, namely Bharatiya Nyay Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively, from July 1.
The objective behind formulating these new laws is – to modernize the system of criminal justice, to expedite the process of justice and ensure protection of the affected party, said Home Secretary of Tripura, Dr Pradip Kumar Chakraborty.
Addressing a press conference at Civil Secretariat on Saturday afternoon, Dr PK Chakraborty accompanied by Law secretary, Sanjoy Bhattacharjee and IG of Tripura police, L Darlong highlighted various aspects of the new and said, the criminal laws have been reformed by giving priority to eradication of crimes against women, child and people of all strata of the society.
The Bharatiya Nyaya Sanhita (BNS) has replaced the Indian Penal Code (IPC) – 1860, Bharatiya Nagarik Suraksha Sanhita(BNSS) has replaced the Code of Criminal Procedure (CrPC) - 1973 and Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act – 1872.
Dr Chakraborty said that instead of 511 Sections of the Indian Penal Code (IPC) now Bharatiya Nyaya Sanhita (BNS) has 358 sections only. Moreover, the system of community service has been incorporated as a way of punishment for six types of crimes and seven new subjects of crime have been added to the Bharatiya Nyaya Sanhita – 2023.
Further highlighting the aspects of the new laws the Home Secretary said, as per Section 173 of the new criminal law, a citizen can now lodge an FIR in any police station other than the stipulated jurisdiction. The new law also has provision of e-FIR.
As per Section-530 of Bharatiya Nagarik Suraksha Sanhita (BNSS), all trials, investigation and proceedings can be done in electronic mode. Electronic remote representation of witnesses has been given credence under the new law.
The electronic statements will be considered as effective as written statements. The new law empowers the police to attach any property earned through criminal or unlawful means.
For petty offences arrest may be exempted especially in case of disabled or aged persons. Progress of the investigation has to be disseminated to the litigant within 90 days of lodging of the complaint. Similarly, within 60 days of filing the charge sheet, trial or legal proceedings have to be started.
On completion of the hearing, within 45 days a verdict has to be announced. Copy of the verdict shall be uploaded on the portal within seven days of the announcement of the same. As per Section 65 (2) of BNSS, death sentence can be given to the perpetrators of rape involving girls less than 12 years of age. For offences that attract less than 3 years term, arrest cannot be made without the permission of an official lower than the rank of DSP. Under the new criminal laws top priority has been given to the protection of witnesses.
Dr Chakraborty also said that in order to enforce the three new laws, so far 2,347 personnel of police, Home (jail), law, health and family welfare departments, prosecution and State Forensic Science Laboratory have been trained online and offline for their skill development.
In addition, 282 police personnel have received training on the modified Crime and Criminal Tracking Network System (CCTNS) application. Infrastructural development, IT related up gradation, new recruitment, rules/ SOP formulation etc. will be effected in a phased manner as per requirement. The district level police officers have continued to carry out awareness programmes to make the common people aware about the new laws, said Chakraborty.
Responding to the questions of the media persons, Law Secretary Sanjoy Bhattacharya said that the pending cases will be dealt with as per the old laws. The new laws will be applied to the incidents taking place from July 1, 2024. The State Legal Services Authority is also running awareness programmes to educate the public about the new laws.
IGP, L Darlong said that all 88 police stations including Government Railway Police (GRP) will start loding complaints or FIR under these three criminal laws from July 1st , but the investigation and other legal proceedings will continue as per the old laws.