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Latest News Updates on India’s New Criminal Laws
Economic Times Reports Key Provisions of New Criminal Laws: The reforms in criminal law of India mandate that court decisions should be rendered within 45 days of completion of arguments and charges be framed within 60 days of the first hearing. For crimes against women and children, police investigations must be completed within 2 months. Digital records like voicemails, server logs and emails are now admitted as evidence in the court. The new laws changed the punishments for defamation and other minor infractions from being jailed to community service as an alternative option.
Source: https://economictimes.indiatimes.com/news/india/some-key-provisions-of-indias-new-criminal-laws/articleshow/111580334.cms
Times of India Highlights Implementation of Three New Criminal Laws: The criminal laws and names of the British era have been replaced by the Indian Penal Code (IPC) to Bharatiya Nyaya Sanhita (BNS), Criminal Procedure Code (CrPC) to Bharatiya Nagarik Suraksha Sanhita (BNSS) and Indian Evidence Act, 1872 (IEA) to Bharatiya Sakshya Adhiniyam, 2023 (BSA). The breakthrough is the explicit clarification of Zero FIR, which allows people to file complaints at any police station without worrying about jurisdiction, and the police can later transfer to the relevant police station. Police complaints can also be registered online. The videography of crime scenes is mandated in cases of heinous crimes. Now, summons can be served electronically to expedite the legal process, reduce paperwork and ensure all parties receive it. Whereas the new laws have been highly praised as an update to the Colonial era laws, the opposition criticised the expansion of police custody from 15 days to 60-90 days, which increases the risk of police abuse and coerced evidence.
Source: :https://timesofindia.indiatimes.com/india/three-newly-enacted-criminal-laws-to-come-into-effect-from-july-1-all-you-need-to-know/articleshow/107970056.cms
The most important legal change has been made to the criminal justice system of India on 1st July, 2024. This drastically modified the legal defence strategies for criminal lawyers in India while consulting and defending NRIs and US citizens. These profound changes come with unheard difficulties and incredible benefits for Indians living abroad seeking justice while preserving their international lifestyle. Foreign nationals who require to appoint Criminal Lawyer India from UK are primarily affected by this change as stronger police powers, longer detention time, and proper electronic evidence rules demand immediate adaptation of legal strategies to protect the constitutional rights while understanding the new criminal justice system of India that aims to deliver justice rather than just punishment.
Revolutionary Legal Framework Transformation
The Bhartiya Nyaya Sanhita 2023 has compressed the sections of the Indian Penal Code from 511 sections to 356 sections, retaining the scope of criminal law along with expanding the offence categories and penalties. The onus is on the Indian criminal lawyers to navigate the advanced offence provisions, empowering women’s protection measures, economic offence measures and new cybercrime definitions targeting the violations of the digital era. The British terms have been removed and updated with the contemporary legal language and concepts which align with modern Indian values and constitutional principles.
The new legal framework has mandated the video recording of police raids and seizures, recordings of heinous crime scenes and lays down detailed electronic evidence authentication procedures. It also mandates forensic experts to visit heinous crime scenes to capture valid evidence, which was not followed as a strict practice earlier. This process enables transparency in law enforcement and creates room for powerful defence strategies with the help of technological integrations. This is possible because of the revolutionization of evidence law in the new Bhartiya Sakshya Adhiniyam, 2023, by considering digital records as primary evidence equal to physical documents. The criminal lawyers can easily handle complex cross-border cases with NRIs, which involve international communications, documentation, and financial transactions. The admissibility of overseas-generated evidence has been streamlined in the new legal framework. The electronic evidence requires a legally authorised. All of this opens room for more effective defence coordination across the globe.
Critical Changes Affecting International Residents
The provisions under 187 of the Bhartiya Nagrik Surakhsha Sanhita, 2023 significantly risk foreign defendants, which changes police custody duration from 15 days to up to 90 days under specific conditions. This exponential increase in custodial duration makes it difficult for anyone facing potential charges to apply for anticipatory bail, even through a knowledgeable Indian criminal defence attorney at the earliest. This is especially relevant in complex matters like terrorism, financial crimes, and economic offences where international defendants and cross-border evidence are often involved.
Section 530 of the Bharitya Nagarik Suraksha Sanhita, 2023 gives powers to courts to conduct all admissions under criminal proceedings through a digital medium, including audio-video conferences. This was not possible under the old procedural laws. Earlier, courts had limited discretion to admit digital means, whereas new procedural laws have given the freedom to conduct court proceedings like trials, inquiries, and record witness statements digitally. This change is especially helpful for UK-based individuals facing legal issues in India. The top criminal lawyers in Delhi can represent clients more effectively without being required to leave their jobs, disrupt their family life or compromise ongoing overseas immigration matters.
The Bharatiya Sakshya Adhiniyam, 2023, has also brought some major digital shifts for how digital evidence is treated. Electronic communication mediums such as WhatsApp, email, social media activity and online banking records are now considered legitimate to a similar extent as physical documents in the court of law. Anyone facing legal action shall act quickly to preserve all relevant digital records. For instance, while hiring a bail lawyer in India from the USA, it’s essential to choose a criminal lawyer who can efficiently handle digital evidence at an early stage, from authenticating to ensuring full legal protection.
Authored by: Adv. Anant Sharma (Connect on Linkedin)
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