“New Criminal Laws Ensures Cases are Resolved Within 3 Years of FIR”: Home Minister Amit Shah

Union Home Minister Amit Shah said on Monday that justice would be delivered up to the level of the Supreme Court in all cases within three years of the registration of an FIR under the new criminal laws. Addressing a press conference after the new criminal laws were implemented, Shah expressed hope of a reduction of crime in future as 90 per cent conviction was expected under the new laws.

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"New Criminal Laws Ensures Cases are Resolved Within 3 Years of FIR": Home Minister Amit Shah

NEW DELHI: In a landmark move, Union Home Minister Amit Shah declared on Monday that justice would be delivered up to the level of the Supreme Court in all cases within three years of the registration of an FIR under the newly implemented criminal laws.

Addressing a press conference after the enforcement of these laws, Shah expressed optimism that these measures would significantly reduce crime rates, projecting a 90 percent conviction rate under the new legal framework.

The new criminal laws, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), came into effect on Monday. These statutes replace the antiquated British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively. Shah emphasized,

“Justice can be received up to the level of the Supreme Court within three years of the registration of the FIR.”

Shah highlighted that the introduction of these laws marks the advent of the most modern criminal justice system in the world.

“The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS, and mandatory videography of crime scenes for all heinous crimes,”

he stated.

Illustrating the immediate impact of the new laws, Shah mentioned that the first case registered under this framework was a motorcycle theft in Gwalior, Madhya Pradesh, at 10 minutes past midnight.

Additionally, he noted that the police dismissed a case filed against a street vendor in central Delhi’s Kamala Market, accused of obstructing a public way by selling water and tobacco products from a cart, after due investigation.

The Home Minister stressed that the new laws prioritize justice over penal action, simplifying the reporting of crimes through the recognition of e-FIR, Zero FIR, and electronic or digital evidence. He assured that the judicial process would now be time-bound, with set limits to prevent prolonged delays. For example, judgment in criminal cases must be delivered within 45 days of trial completion, and charges must be framed within 60 days of the first hearing.

"New Criminal Laws Ensures Cases are Resolved Within 3 Years of FIR": Home Minister Amit Shah

The laws have been designed to be more sensitive, incorporating a dedicated chapter on crimes against children and women, with inquiry reports in such cases required to be filed within seven days.

“According to the new laws, judgment in criminal cases has to come within 45 days of completion of the trial and charges must be framed within 60 days of the first hearing,”

Shah said.

Highlighting a community-centric approach, Shah noted that minor crimes could be addressed through community service. He also mentioned the redefinition and categorization of serious offenses, such as organized crime, acts of terrorism, and mob lynching. Sedition has been replaced with treason, and video recording of all search and seizures has been mandated.

A new chapter on crimes against women and children has been added, making the buying and selling of any child a heinous crime and including provisions for the death sentence or life imprisonment for gang rape of a minor. Shah explained,

“A new provision has been added in cases of having physical relations after giving a false promise of marriage and the statement of rape victims will be recorded by a woman police officer in the presence of her guardian.”

Officials detailed that the new laws consolidate and simplify previously overlapping sections, reducing the number of sections from 511 in the Indian Penal Code to 358 in the BNS. For instance, definitions previously scattered from sections 6 to 52 have been unified into one section.

"New Criminal Laws Ensures Cases are Resolved Within 3 Years of FIR": Home Minister Amit Shah

Additionally, eighteen sections have been repealed, and four relating to weights and measures are now covered under the Legal Metrology Act, 2009.

Shah underscored that instances such as false promises of marriage, gang rape of minors, mob lynching, and chain snatching, which lacked specific provisions in the Indian Penal Code, are now addressed in the BNS. He added,

“The three laws are based on justice, transparency, and fairness.”

The new laws facilitate easier and quicker crime reporting through electronic communication, eliminating the need for physical visits to police stations. The introduction of Zero FIR allows individuals to file a First Information Report (FIR) at any police station, irrespective of jurisdiction, thus ensuring prompt police action.

With these comprehensive reforms, the government aims to establish a more efficient and victim-centric criminal justice system, promising timely justice and enhanced law enforcement across the country.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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