New criminal laws take effect today: Know what remains, what is removed

The three new criminal laws, which replace regulations from the colonial era, will change India's criminal justice system and go into effect nationally on July 1.

The newly enacted laws -- the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act -- to completely overhaul the criminal justice system in the country will come into effect from July 1.

The three laws got the Parliament's approval on December 21 last year and President Droupadi Murmu gave her assent on December 25.

According to three identical notifications issued by the Union Home Ministry, provisions of the new laws will come into force from July 1.

What stays, what goes 

• Allows for the trial and punishment of those absconding
• permits the use of forensic sciences and technology in criminal investigations 
• permits summonses to be sent by electronic means 
• Mandatory summary trials for minor and less serious offences   
• Before a case where the punishment exceeds seven years is withdrawn, the victim will have the opportunity to be heard. 
• During court proceedings, the accused could be questioned electronically using tools like video conferences.
• In the presence of their guardian or family, female police officers will record the statements made by victims of sexual assault. 
• Health reports will be available in seven days. 
• An arrested individual is entitled to notify a person of his choosing about her arrest. 
• Provisions for e-FIR and Zero FIR  
• For crimes carrying a minimum sentence of seven years, forensic examination is required. Experts in forensics will visit crime scenes to gather evidence. 
• No more than two adjournments in order to prevent needless delays in case hearings
• Women, those under the age of fifteen and over sixty, people with disabilities, and people suffering from serious illnesses are not allowed to visit police stations. 
• Crime scene videography is required. 
• leaves out making non-consensual gay behaviour illegal 
• Defined: organised crime and organised petty crime 
• Code does not include marital rape. 
• If a girl younger than 12 is raped, she faces a minimum 20-year prison sentence and penalty. 
• Community service was instituted for minor infractions such as upsetting someone when intoxicated. 
• Suicide attemptation is still illegal and is punishable by jail time and community service. 
• Terrorism defined 
• Every trial, investigation, and hearing may be conducted electronically. 
• Digital or electronic records that are acceptable as proof permits a maximum of 15 days of police custody, which may be used in segments throughout the first 40, 60, or 90 days of judicial custody. 
• If the authorities do not use all 15 days of custody, this could result in the whole bail amount being denied. 

Colonial' words removed 

• Parliament of the United Kingdom  
• Provincial Act 
• London Gazette 
• Jury, Barrister, Lahore, Commonwealth 
• United Kingdom of Great Britain and Ireland 
• Her Majesty's Government 
• Possession of the British Crown 
• Her Majesty's Dominions

(with inputs from PTI)