Sunday , November 17 2024

FIR, arrest… know which big changes will be seen?

So far 3 new laws have been implemented in the country. After the implementation of these laws, a big change will be seen in the judicial system of India. Till now the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act of 1872 were applicable in the country. But now they have been replaced by the Indian Judicial Code, Indian Civil Defense Code and Indian Evidence Act. These three new laws have come into force across the country from today. According to the government, the new law will provide quick justice. Changes have been made in online police complaint, zero FIR, mandatory videography of serious crime scene etc. So then it is important to know what else is new in this new law. Union Home Minister Amit Shah said that these three laws have been prepared by the Indian Parliament for Indians by Indians.

Important things related to the new law…

1. Earlier it used to take 60 days to give the verdict after the first hearing in all criminal cases but now this period is going to be 45 days i.e. it will be reduced by 15 days. The verdict will come within 45 days.

2. Whenever a rape victim is medically examined, a report must be submitted within 7 days in any case. The statement of the rape victim will be recorded by a female police officer in the presence of her parents or relatives.

3. With the new laws that have come into force, buying or selling children will now become a heinous crime. Similarly, if a minor is raped, the punishment can be life imprisonment or even death penalty. However, this punishment is also provided in the POCSO Act.

4. Now, if any woman gets away by making a false promise of marriage, then a strict provision of punishment has been made for her also.

5. Both the accused and the victim will have the full right to receive a police report, charge sheet within 14 days. Persons below the age of 15 and above the age of 60, as well as people suffering from disability or serious health problems, will no longer need to go to the police station in person. The police will have to provide domestic help to such people.

6. All hospitals should provide free treatment in case of crime against women. Hospitals will also be bound to provide free treatment in case of crime against children.

7. Important changes have been made in the matter of FIR. Technology dominates the new law. That is, now zero FIR can be registered in any police station. Where a complaint has to be lodged and even if no crime has been committed in that area, the police still has to register a complaint. Complaints can also be registered through electronic communication. This will force the police to take prompt action. Another important provision has also been made that when someone is arrested, that person will be able to give all the information including the arrest to that person as per his wish. So that indiscriminate and arbitrary arrests can be stopped. After the arrest, the information of the arrest has to be pasted at the police station so that the information of the arrested person can reach his family.

8. In case of serious crime, forensic experts will have to visit the scene of crime, earlier this decision was taken as per requirement.

9. The term gender includes transgender people. This will promote equality and change the ground situation.

10. The statement of the victim woman should be recorded by a woman magistrate as the case may be. In cases like rape, statements should be taken through audio-video medium.

It is also important to know that in the new law, the sections of IPC have been reduced from 511 to 358. Some sections have been merged so that the number is reduced. Cases of some crimes like false promise of marriage, gang rape of minors, mob lynching, chain snatching etc. are registered but there was a problem due to lack of any provision but now the new law Indian Judicial Code has a separate provision for this.

Clauses also changed
Many clauses have also been changed in the new law. As far as rape is concerned, Section 375 and 376 will no longer exist. But now Article 63 will remain in its place. If it is a case of gang rape, then Section 70 will be applicable. In case of murder, Section 101 will remain, not 302. Since the implementation of the three laws, the period of punishment has been changed in 41 cases. The penalty has been increased in 82 crimes.

A brief overview of the new laws…

– Zero FIR can be filed in any police station, this Zero FIR has to be sent to the applicable police station within 15 days.
– There is a provision of 20 years or life imprisonment in all types of gang rape cases.
-Provision of death penalty in case of rape of a minor.
– Chargesheet must be filed within 90 days of the complaint, which may be extended by another 90 days by the court.
– The court will complete the process of framing charges within 60 days of receipt of the charge sheet.
– The verdict will be pronounced within 30 days of completion of the hearing.
– The entire hearing including cross-examination can be done through video conferencing.
– A copy must be mandatorily uploaded online within seven days of the decision.
– Mandatory presence of forensic teams at the crime scene for offences punishable with imprisonment of seven years or more.
– Mandatory videography of raid or seizure proceedings.
– Deployment of mobile FSL at district level
– In cases involving punishment of seven years or more, the victim shall not be recalled without being given an opportunity of being heard.
– Abandoning a woman after having physical relations with her by luring her with a job or marriage will be considered a serious crime.
– Provision for mobile snatching, chain snatching also.
– The punishment for crimes against children has been increased from seven years to 10 years.
– Death can be converted into life imprisonment, life imprisonment into 7 years and seven years into only 3 years.
– Vehicles seized for any offence will be compulsorily videographed.