From July 1, i.e. today, a major change in the legal system in the country has come into effect. From today, the three main criminal laws - Indian Penal Code, 1860, Indian Evidence Act, 1872, and Code of Criminal Procedure, 1973 - will not be applicable. In their place, the Indian Justice Code, 2023, Indian Evidence Act, 2023, and Indian Civil Protection Code, 2023 have come into force.
The three new laws were passed in Parliament in December last year. The new laws have now come into effect across the country, replacing the three main criminal laws running since the British era. Given the increasing interference of technology in our lives, emphasis has also been laid on the maximum use of technology in these laws. Provision has been made in these laws to digitize most of the legal processes. The government also mentioned these things during the discussion in Parliament.
First, let us know what are the three new criminal laws?
The three new laws to be implemented from July 1 are the Indian Justice Code, the Indian Civil Protection Code, and the Indian Evidence Act. These laws will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the old Indian Evidence Act respectively. On December 12, 2023, a bill to amend these three laws was proposed in the Lok Sabha. These were passed by the Lok Sabha on December 20, 2023, and by the Rajya Sabha on December 21, 2023. On December 25, 2023, the President gave his assent to the three bills. At the same time, on February 24, 2024, the Central Government announced that the three new criminal laws would come into force from July 1 this year.
How have the new laws been linked to technology?
Digital records are also included in documents: These laws include the latest technologies. By expanding the definition of documents, electronic or digital records, e-mails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mail and messages available on the device have been given legal validity. The government says that this will get rid of the pile of papers in the courts.
Expansion of video conferencing and videography in the legal process: Provision has been made in this law to digitize the entire process from FIR to case diary, case diary to charge sheet, and charge sheet to judgment. Currently, only the accused's appearance can be done through video conferencing, but now the entire trial, including cross-questioning, will be done through video conferencing. Trial of complainant and witnesses, investigation and recording of evidence in the trial and High Court cases, and entire appellate proceedings will also be possible digitally now. According to the central government, it has been made after discussions with the National Forensic Science University and scholars and technical experts from across the country on this subject. Videography has been made mandatory at the time of search and seizure, which will be a part of the case and innocent citizens will not be implicated. No charge sheet will be valid without such recording by the police.
Maximum use of forensic science: The Union Home Minister said in the House that even after 75 years of independence, our proof of conviction is very low, which is why we have worked to promote forensic science. The government had decided to establish a National Forensic Science University. After three years, the country will get 33 thousand forensic science experts and scientists every year. In this law, we have set a target to take the conviction ratio above 90 percent. For this, an important provision has been made that the visit of a forensic team to the crime scene of crimes with a sentence of seven years or more has been made mandatory. Through this, the police will have scientific evidence after which the possibility of acquittal of the culprits in the court will be greatly reduced.
Facility of mobile FSL: A mobile forensic van has also been experienced. A successful experiment has been done in Delhi that the FSL team visits the scene of any crime with a provision of more than seven years of punishment. For this, the concept of mobile FSL has been launched which is a successful experiment and there will be three mobile FSLs in every district that will go to the crime scene.
Provision of e-FIR for the first time: Zero FIR will be started for the first time to ensure the convenience of the citizens. The crime can be registered anywhere even outside the jurisdiction of the police station. The crime will have to be sent to the concerned police station within 15 days of its registration. For the first time, the provision of e-FIR has been added. A police officer will be nominated in every district and police station who will inform the family of the arrested person about his arrest online and personally.
Video recording of statement is necessary in this case: The statement of the victim has been made necessary in case of harrasment violence and video recording of the statement has also been made necessary in case of intimate harassment. It will be necessary for the police to give the status of the complaint in 90 days and thereafter every 15 days to the complainant. No government will be able to withdraw a case of imprisonment of 7 years or more without hearing the victim, this will protect the rights of the citizens.
It is necessary to make the decision available online within a week: A target has been set to computerize all the courts of the country before 2027. In the new laws, a time limit of 90 days has been set for filing the charge sheet, and depending on the situation, the court will be able to permit another 90 days. Thus, the investigation will have to be completed within 180 days and sent for trial. The court will now be bound to give notice of framing of charges to the accused person within 60 days. The judge will have to give the decision within 30 days of the completion of the debate so that the decision will not remain pending for years and the decision will have to be made available online within 7 days.
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