In the discussions surrounding the three criminal law amendment bills, emphasis was placed on various aspects, including the Bharatiya Nyaya (Second) Sanhita Bill, crafted to replace the Indian Penal Code (IPC).
The bill’s notable features include stipulated timelines for the police to acknowledge complaints and mercy petitions, as well as the obligatory requirement for forensic investigation.
TIMELINE FOR FIR REGISTRATION AND MERCY PETITIONS
The bill introduces stringent timelines for the police. Upon the filing of a complaint, the police must register an FIR within three days. Regarding mercy petitions, they should be submitted within 30 days of the court’s final verdict.
Similarly, in cases of serious crimes with a punishment range of three to seven years, the initial investigation must conclude within 14 days, culminating in the filing of an FIR.
TIMELINE FOR CHARGESHEET SUBMISSION
Highlighting crucial aspects of the bill, Home Minister Amit Shah informed the Lok Sabha, “Previously, chargesheets were to be filed within 60-90 days, often delayed due to reinvestigation. Under the new bill, the police require a court order for further investigation and must submit the chargesheet within the stipulated timeframe.”
TIMELINE FOR COURT HEARINGS
To ensure expeditious hearings, Amit Shah noted that the accused have seven days to plead for acquittal, with the judge conducting the hearing within that timeframe. Within a maximum of 120 days, the case will proceed to trial.
Previously lacking a time limit for plea bargaining, the new provision states that if one acknowledges their crime within 30 days, the ensuing punishment will be less severe.
NEW WITNESS PROTECTION
The bill introduces a novel scheme for witness protection, permitting electronic means for recording statements and gathering evidence.
E-FIR FOR WOMEN
For female complainants opting not to visit the police station, an electronic FIR option is introduced, with a police officer visiting the residence within 24 hours.
MANDATORY FORENSIC INVESTIGATION
Specific provisions mandate forensic investigation for offenses carrying a prison term of seven years or more. The bill also broadens the scope of summary trials, especially for cases with a punishment not exceeding three years.
TRIAL IN ABSENTIA
The new law introduces a provision for trial in absentia or the absence of the accused. Shah remarked, “Due to trial in absentia, absconders evading legal proceedings in India can be pursued even in their absence, expediting justice and the process of bringing them back to the country.”
UNDERTRIAL BAIL PROVISION
Under the new bill, undertrials who have served one-third of their jail term will be eligible for bail.
MARRIAGE UNDER FALSE PRETENSES
Minister Shah highlighted, “A new provision is introduced to address this issue. No one deceiving their identity and engaging in a sexual relationship with someone on false pretenses will be exempt from legal consequences.”
POLICE CUSTODY
Under the new laws, police custody is limited to 15 days. Shah stated, “This can be invoked at any time. If a person, after being arrested, is hospitalized due to medical complications, custody must be sought again by the court, during which the court can grant bail.”
