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India Introduces New Criminal, Civil, and Evidence Laws – Key Changes in India’s Criminal Justice System

Three new criminal laws, the Indian Justice Code, Indian Civil Protection Code, and Indian Evidence Act, will be implemented on Monday, July 1, 2024. The Indian Penal Code (IPC) will be replaced by the Indian Justice Code. These measures were approved during Parliament’s winter session.

In the new law, Section 63 will supplant Sections 375 and 376 concerning rape. Section 70 will be designated for gang rape, while Section 101 will replace Section 302 for homicide. The Indian Justice Code has been amended to include 21 new offenses, one of which is mob lynching. Additionally, legislation regarding mob lynching has been implemented. Fines have been raised for 82 offenses, and penalties have been raised for 41 offenses. The following are several significant modifications:

Changes:

The new rule requires decisions in criminal cases to be made within 45 days after the completion of the hearing and charges to be filed within 60 days of the initial hearing. All state governments must create witness protection programs to secure the safety and cooperation of witnesses.

A female police officer will record statements of rape victims in the presence of the victim’s guardian or relative. The medical report should be completed within seven days.

A new chapter has been added to the law regarding crimes against women and children. Buying or selling a child is categorized as a heinous crime with strict punishment provisions.

Gang rape of a minor may result in the death penalty or life imprisonment.

The new law now includes provisions for punishing those cases where women are abandoned after being misled or given false promises of marriage.

Victims of crimes against women will have the right to receive regular updates on their cases within 90 days.

All hospitals are required to provide free treatment in cases related to crimes against women and children.

The accused and the victim have the right to receive copies of the FIR, police report, charge sheet, statement, confession, and other documents within 14 days.

Events can now be reported via electronic communication, eliminating the need to visit a police station. A person can also file an FIR at a police station outside their jurisdiction.

It will now be mandatory for forensic experts to visit the crime scene and collect evidence for serious offenses.

The definition of gender now includes transgender people, promoting equality. When possible, a female magistrate should record statements of victims of certain crimes against women.

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