VICTIM CENTRIC CHANGES IN NEW CRIMINAL LAWS
VICTIM CENTRIC CHANGES IN NEW CRIMINAL LAWS
In the Bharatiya Nyaya Sanhita, 2023, for the first time, the provisions relating to crime against woman and child have been given precedence and placed under one Chapter. Strict punishments up to death sentence have been provided for the offences against women. Punishment for gang rape of a woman below the age of 18 years is life imprisonment till remainder of the convict’s natural life or death. A new offence for having sexual intercourse on false promise of marriage, employment, promotion or by concealing identity, etc. has also been incorporated. Further, the Bharatiya Nyaya Sanhita, 2023 provides provisions for strict punishment upto life imprisonment for offence of human trafficking and sexual exploitation of trafficked children. Where the offence involves the trafficking of a child, it shall be punished with imprisonment not less than 10 years, but which may extend to imprisonment for life and fine. ‘Beggary’ has been introduced as a form of exploitation for trafficking and is punishable under section 143 of the Bharatiya Nyaya Sanhita, 2023. Act of hiring, employing or engaging child to commit an offence has also been made punishable. Main provisions related to protection of women and children in the new Criminal Laws are given in Annexure-II.
*****
Annexure-I
Annexure-I (Cont.)
*****
Annexure-II
Annexure-II (Cont.)
This was stated by the Minister of State in the Ministry of Home Affairs Shri Bandi Sanjay Kumar in a written reply to a question in the Rajya Sabha.
- Report Incidents Online: A person may now report incidents by electronic communication, without the need to physically visit a police station. This allows for easier and quicker reporting, facilitating prompt action by the police.
- File FIR at Any Police Station: With the introduction of Zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction. This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence.
- Free Copy of FIR: Victim is entitled to receive a free copy of the FIR, ensuring their participation in the legal process.
- Right to Inform Upon Arrest: In the event of an arrest, the individual has the right to inform a person of his choice about their situation. This will ensure immediate support and assistance to the arrested individual.
- Display of Arrest Information: Every police station and district must now have a designated police officer not below the rank of ASI and the information of all arrested individuals shall now be prominently displayed in every police station. This safeguards the right of the accused persons and mitigates instances of custodial violence and illegal detention by police.