INTRODUCTION

1st of July 2024 ushered in a new era in the criminal justice system of India with the introduction of three new criminal laws namely- Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam and Bhartiya Nagrik Suraksha Sanhita (BNSS) which replaced the Indian Penal Code, 1860, Evidence Act, 1872 and Code of Criminal Procedure,1973 respectively. This change was aimed at overhauling the old and former colonial laws which formed the framework of the criminal justice system in the country.

These new laws aim at enhancing the efficacy, fairness and accountability in the legal system. The law has been reformed in a manner which places the victim at the centre of the justice system offering them significant number of rights and opportunities. The new laws focus on justice instead of punishment. They are more reformative and justice oriented in nature. In this article we will discuss the provisions in detail which make the recent laws more victim centric.

LEGAL PROVISIONS

Bhartiya Nagrik Suraksha Sanhita, 2023

One of the many provisions under the Bhartiya Nagrik Nyaya Sanhita is section 193(3)(ii), According to section 193(3)(ii), a police officer has 90 days after starting an inquiry to notify the victim or informant of the investigation’s progress. Technology has been included as a legitimate means of communication to inform the informant or victim of this.

This substantially expands the rights of the victims by keeping them updated about the status of the investigation.

Victims or sufferers are now included in important decision-making processes within the criminal justice system in an effort to promote a more victim-centric approach. According to section 360, the victim must be given the chance to be heard in front of the court before the prosecution is dropped. This provision acknowledges and incorporates the concerns of victims, enhancing the overall fairness, efficiency and responsiveness of the criminal justice process. This fills the void present in section 321 of CrPC ensuring that the victims are heard prior to the withdrawal of cases.

Another historical introduction in the new criminal act is the concept of Zero-FIR (Section 173) which allows the victim to report crime anywhere irrespective of the crime location. This ensures convenience of the victim and speedy delivery of justice. The e-FIR system has eliminated the hassle that the victims have to go through to travel to a police station and wait in queues to file a complaint.

Bhartiya Nyaya Sanhita, 2023

Under the Bhartiya Nyaya Sanhita, a new section has been introduced wherein having sexual intercourse with a woman on a false promise of marriage, employment, promotion or by concealment of identity has been made an offence. This provision would not only act as a deterrent for people who employ deceitful means but also protect the interests of women.

The provisions have also been made stricter for crimes against women where in 20 years of jail or life imprisonment can be awarded in gang rape cases.

The goal of the new penal code, Bhartiya Nyaya Sanhita, is to reduce the number of hit-and-run incidents, which result in the deaths of almost 50,000 people annually.

It introduces more stringent penalties for the people who flee the scene after an accident, with up to 10 years of imprisonment and a fine. These cases were earlier tried under Section 304A of the Indian Penal Code, which provides for penalties of upto two years in jail. This can bring about a discipline amongst the drivers there by saving multiple lives.

OUTLOOK AND CONCLUSION

The principle of ‘equal justice for all’ which is also enshrined in the preamble, has been very well incorporated with in the three new criminal laws. The most notable part of these new laws is that the recent advancement in technology has been taken into consideration while drafting the law so as to give citizens the benefit of it.

Quite a few provisions of the older laws had become obsolete and hence needed to be reformed. For the first time, the law has also focused on witness protection as well as decriminalised the ‘attempt to suicide’ thereby encouraging and aligning with the Mental Healthcare Act. These changes reflect the reformative nature of the laws and provide a reassurance to the citizens about the speedy and efficient delivery of justice devoid of any hinderances.

The scrapping of the colonial laws was the need of the hour in order to reshape the legal system in accordance with the recent times and this has been successfully carried out by the new criminal laws. They are truly a ray of hope for not only the victims but also for all the citizens of the country. It is definitely a paradigm shift towards victim empowerment.

REFERENCES

1. https://www.indiacode.nic.in/ Bhartiya Nyaya Sanhita, 2023 Accessed on 20^th July 2024.

2. https://www.indiacode.nic.in/ Bhartiya Nagrik Suraksha Sanhita, 2023 Accessed on 19^th July 2024.

3. https://www.indiacode.nic.in/ Bhartiya Sakshya Adhiniyam, 2023 Accessed on 20^th July 20204.

4. Key highlights of the three new criminal laws introduced in 2023
   https://www.scconline.com/ 

5. “New Hit-And-Run Law”
   https://aklegal.in/new-hit-and-run-law/

6. Aditya Kashyap, “Victim-Centric Justice in New Criminal Laws” (1 Jan 2024, 3.45 PM)
   https://www.verdictum.in/