Revised Laws Promise Faster Trials, Focus on Victim Support

Revised Laws Promise Faster Trials, Focus on Victim Support.webp

New Delhi, March 25 The new criminal laws have introduced specific timelines for various stages of investigation and trial to ensure faster and fair resolution of cases, the Centre has informed the Lok Sabha.

Responding to a question by BJP MP Anil Baluni, Minister of State for Home Bandi Sanjay Kumar said on Tuesday that the new laws – Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 – promise a faster and fair resolution of cases, instilling confidence in the legal system.

Baluni had sought details of the time limits prescribed for procedures in the three laws.

According to the minister, preliminary inquiry in a case is to be completed within 14 days, while further investigation must be concluded within 90 days. The supply of documents, including FIR and related records, to both the victim and the accused has to be ensured within 14 days.

He said commitment of cases for trial is to take place within 90 days, while discharge applications and framing of charges are required to be completed within 60 days each. Judgments are to be pronounced within 45 days, and timelines have also been prescribed for mercy petitions – 30 days before the governor and 60 days before the President, Kumar added.

The minister said the new laws place special emphasis on crimes against women and children, with investigations in such cases required to be completed within two months of recording of information. In cases of sexual assault, medical practitioners are mandated to send the medical examination report of the victim to the investigating officer within seven days, he said.

Kumar also said courts can grant a maximum of two adjournments during hearings to prevent unnecessary delays and ensure timely delivery of justice.

Highlighting victim-centric provisions, he said victims are entitled to get update on the progress of their case within 90 days. This provision keeps victims informed and involved in the legal process, enhancing transparency and trust, he added.

The minister said that offences against women and children have been given precedence in the new legal framework.

Kumar said the laws also leverage technology to improve efficiency, including provisions for online reporting of offences, electronic registration of FIRs, and issuance of summons through electronic means.

He said to strengthen the cases and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence in offences which are punishable for seven years or more. Additionally, the process of evidence collection at the crime scene will be mandatorily videographed to prevent tampering of evidence.

All legal proceedings can also be conducted in electronic mode, which is expected to reduce delays and improve accessibility for victims, witnesses and the accused, he added.

The minister said the new laws introduce community service for minor offences, enabling offenders to get the chance to positively contribute to society, learn from their mistakes and build stronger community bonds.

He said the ambit of summary trials has also been expanded to allow for quicker disposal of cases. At the same time, safeguards for the accused have been strengthened, with provisions to curb arbitrary arrests.

Police are no longer required to make arrests in all cases merely to initiate judicial proceedings, he said.

Kumar said the new laws also define and address emerging categories of crime, including terrorism, act endangering, sovereignty, integrity of India, mob lynching, organised crime, snatching and petty organised crime.

He added that a provision for trial in absentia of proclaimed offenders has been introduced, allowing courts to proceed with trial and pronounce verdicts even in the absence of the accused, ensuring that justice is not delayed.

On punishment, the minister said stricter provisions have been introduced for repeat offenders of theft, with a mandatory minimum sentence of one year extendable to five years along with fine.
 
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bharatiya nagarik suraksha sanhita bharatiya nyaya sanhita bharatiya sakshya adhiniyam community service criminal law cybercrime electronic reporting forensic evidence investigation timelines legal proceedings new delhi proclaimed offenders summary trials trial timelines victim support
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