First FIRs of new criminal law filed in Bhubaneswar amidst opposition terming it “Bulldozer Justice”

First FIRs of new criminal law filed in Bhubaneswar amidst opposition terming it “Bulldozer Justice”

India’s criminal justice system saw a major overhaul as three new criminal laws- Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – replaced the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively, at midnight today.

In Odisha, the first case under the new laws has reportedly been registered at Laxmisagar police station in Bhubaneswar by the Commissionerate Police. At least 30 circulars/SOPs were issued in phases by the Crime Branch to facilitate processes police officers are required to adhere to during investigation and registration of cases under BNS, BNSS and BSA, Odisha DGP Arun Kumar Sarangi had earlier told the media.

However, cases filed earlier will continue to be tried under the old laws till their final disposal.

According to the new law, the evidence collection process at the crime scene will be mandatorily videographed to prevent evidence tampering. In case of rape cases, medical examination of victim has to be carried out within 24 hours of receiving complaint.

The BNS has 358 more sections and 20 new crimes. While the jail sentence for 33 crimes has been increased, the fine amount has been raised in 83 crimes with mandatory minimum punishment in 23 crimes. The penalty for community service has been introduced in six crimes. Judgments are now required within 45 days of completion of trial and charges framed within 60 days of first hearing. The new laws allow any person to file a Zero FIR at any police station, regardless of jurisdiction; it also permits online registration of police complaints and summonses through electronic modes such as SMS.

While Union Home Minister Amit Shah had said the change was made to ensure “speedy justice and justice to all”, the Opposition parties, including the Congress, argued that the decision to implement the new criminal laws was taken in haste without adequate discussion and debate in Parliament.

“After the political and moral shock in the elections, Modi ji and the BJP are pretending to respect the Constitution, but the truth is that the three laws of the criminal justice system that are being implemented from today were forcibly passed by suspending 146 MPs,” Congress President Mallikarjun Kharge said in a social media post.

“INDIA will no longer allow this ‘Bulldozer Justice’ to run on the Parliamentary system,” he asserted.

Taking to his X handle, senior Congress leader P Chidambaram said, “90-99 per cent of the so-called new laws is a cut, copy and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise. Yes, there are a few improvements in the new laws, and we have welcomed them. They could have been introduced as amendments. On the other hand, there are several retrograde provisions. Some changes are prima facie unconstitutional,” he said.

Trinamool Congress MP Sagarika Ghose also expressed concerns about the new laws. “The BNS, BNSS and BSA laws replacing the Indian Penal Code come into effect today. 1) The offence of ‘Sedition’ has made a backdoor entry–dangerous 2) `Terrorism’ has been defined for the 1st time and made a part of day-to-day criminal offences–VERY dangerous 3) Intrusion into privacy by making “deceit” an offence on promises of marriage by a man to a woman. The new laws are vaguely worded leaving huge scope for the government to snatch away citizens’ lives and liberty. The National Disaster Alliance government led by the “non biological” brings in yet another disaster.”

Bar Council of Delhi has written to the Home Ministry for deferring the implementation of three new criminal laws, which are in “total defiance” and “utter disregard” of Constitutional principles. It has raised concern over possible “rampant abuse of power” by police under new laws and termed the increase in police custody from 15 to 60-90 days as atrocious and oppressive.