New criminal laws need to be given a chance: SC

Created by Academy of Civil Services in Indian Polity 23 Nov 2024
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Context: The Supreme Court on Friday said the new criminal
laws need to be given a chance and citizens have a right to live free of crime.
The new laws came into effect from July 1. A petitioner, Azad Singh Kataria argued
that provisions in the new penal laws, especially the ones dealing with
organised crime, removed essential procedural safeguards, which protected
citizens against arbitrary arrest and official abuse of rights by the police. Also,
he added that those held for pickpocketing could be charged under organised
crime under the new provisions. Organised crime needs to be controlled in the
interest of the society. People have a right to live without fear and be free
of crime.



Key points



·      
Overview: The three new criminal laws Bharatiya Nyaya Sanhita
(BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya
Adhiniyam (BSA) are in effect from 1st July 2024, replacing the colonial-era
Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence
Act.



·      
Key
Highlights of the New Criminal Laws:
Objective - The new laws aim to replace colonial-era punishments
with a justice-focused approach, integrating technological advancements in
police investigations and court procedures.



New Offences - New offences include terrorism, mob lynching, organized crime, and
enhanced punishments for crimes against women and children.



Steps for Smooth Transition - States are free to bring in their own amendments to
some provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS). The Bharatiya
Nyaya Sanhita (BNS) may also be amended soon to incorporate a section on sexual
crimes against men and transgender persons. First information reports (FIRs)
can now be filed online through the Crime and Criminal Tracking Network Systems
(CCTNS), allowing e-FIRs and zero FIRs in multiple languages without needing to
visit a police station.



·      
Related
Initiatives Taken by Government:
National Mission for Justice Delivery and Legal Reforms. AI Portal
SUPACE. Modernisation of Police Scheme. Bharatiya Nyaya (Second) Sanhita, 2023.
Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. Bharatiya Sakshya (Second)
Bill, 2023. National Mission for Justice Delivery and Legal Reforms.

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