Delhi’s judicial system prepares for new criminal laws starting July 1, featuring 60-day custody limits and innovative sentencing like community service, alongside remote trials without defendants present.
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NEW DELHI: As the new criminal laws come into effect from July 1, Delhi’s judicial system is poised to undergo significant changes. Judges will now consider 60-day custody requests by the Delhi Police, the maximum duration allowed under the new laws. Additionally, the judiciary will explore new sentencing options like “community service” and conduct trials without the physical presence of the accused.
Key Changes in the New Criminal Laws
The three new criminal laws set to reshape the judicial landscape are the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Criminal Procedure Code (CrPC); the Bharatiya Nyaya Sanhita (BNS), replacing the Indian Penal Code; and the Bharatiya Sakshya Adhiniyam, which will substitute the Indian Evidence Act.
These laws introduce several noteworthy changes:
- Trials Through Video Conferencing: The laws will facilitate trials in the absence of the accused, using video conferencing technology. This measure aims to streamline judicial processes and address logistical challenges.
- New Offences: Additional offences such as ‘beggary’ and ‘mob lynching’ are now codified, reflecting contemporary societal issues.
- Extended Police Custody: The maximum duration for police custody has been extended to 60 days, providing law enforcement with more time for investigation in complex cases.
- Community Service: For six specified petty offences, community service will be introduced as a form of punishment, emphasizing rehabilitation over incarceration.
In preparation for these sweeping changes, many lawyers, public prosecutors, and judicial officers are dedicating their summer break to studying the new laws. At various court complexes, QR codes printed on A4 sheets are readily available for lawyers to scan and access comprehensive reading material about the new legislation. This initiative aims to ensure that legal professionals are well-versed in the nuances of the updated legal framework.
To facilitate a smooth transition, the Delhi Judicial Academy, in collaboration with the Delhi Bar Association, organized a five-day orientation program at the Tis Hazari Courts in May.
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This program was designed to familiarize advocates with the new laws, focusing on:
- An overview of the new criminal laws
- A detailed comparison with the previous laws
- Introduction of new offences
- Conducting trials in absentia
- Rights of victims and accused persons
The orientation comprised 10 sessions spread over five days, addressing these critical aspects and ensuring that legal practitioners are adequately prepared for the changes ahead.
One of the participants in the orientation program noted-
“It will be unprecedented for judges to consider Delhi Police’s requests for 60-day custody of an accused—the maximum duration now allowed by the new criminal laws.”
Another legal expert commented-
“Equally intriguing would be witnessing a judge impose ‘community service’ as a sentence for a convict, or observing a trial conducted in the absence of the accused.”
These remarks highlight the transformative potential of the new laws and the anticipation surrounding their application.
Delhi Bar Association President Nitin Ahlawat emphasized the importance of educating lawyers, stating-
“Few new offenses have been introduced, but the sequence of all offenses has been revised.”
He added-
“Each day, approximately 400 lawyers from throughout Delhi attended the sessions.”
This concerted effort aims to familiarize legal professionals with the nuances of the new laws, thereby enhancing their competence in handling cases under the revised statutes.
While the new laws retain many elements of the old statutes, significant changes have been made. There are 33 offences where imprisonment terms have been increased, 83 offences with heightened fines, and 23 offences where punishment has been made mandatory.
New offences have also been introduced, such as “beggary” under section 143 of the BNS, “mob lynching”, “hate crimes”, and “sexual intercourse by deceitful means”. Additionally, “petty organised crimes” like snatching have been included, reflecting the evolving nature of criminal activities.
Judicial officers are also receiving extensive training to ensure a smooth transition to the new legal framework. Justice Mukta Gupta and Senior Advocate Mohit Mathur have been instrumental in this effort, providing training sessions at the Delhi Judicial Academy in Dwarka. The academy has also organized online evening sessions for various public prosecutors, held via Webex from May 21 to May 29. These sessions aim to ensure that all legal practitioners are well-versed in the updated laws and procedures.
