Starting July 1, three new criminal laws will be implemented in India, replacing outdated regulations from the British era. The Indian Judicial Code will replace the Indian Penal Code (IPC) of 1860, the Indian Civil Protection Code will take over the Criminal Procedure Code (CRPC), and the Indian Evidence Code will replace the Indian Evidence Act of 1872. These changes aim to modernize Indias legal system, making it more relevant to todays needs.Key Changes in the Criminal Law SystemWith these new laws, significant changes will be introduced in the criminal law system. One notable change is the introduction of Zero FIR, which can now be registered anywhere in the country. Previously, Zero FIRs did not include specific sections, but under the new laws, sections will be added, and the FIR must be sent to the relevant police station within 15 days.Increased Accountability for PoliceThe new laws also increase the accountability of the police. Every state government will now appoint a police officer in each police station to handle all information related to arrests. Additionally, the police must provide a progress report of the investigation to the victim within 90 days and file a charge sheet within the same period. Depending on the circumstances, the court can extend this period by another 90 days. The entire investigation must be completed, and the trial started within 180 days. Charges must be framed within 60 days, and the verdict announced within 30 days after the hearing concludes.Changes to arrest rules include the addition of subsection 7 to section 35 of the Indian Civil Defense Code, which outlines procedures for arresting petty criminals and elderly individuals. Before arresting an accused for crimes punishable by imprisonment of three years or less, or for those over 60 years old, permission from a DSP or higher-ranking officer must be obtained. Police custody has also become stricter previously, an accused could be sent to police custody for a maximum of 15 days, but now the police can request 15 days of custody at any time within 60 to 90 days of arrest.Use of HandcuffsThe new laws also address the use of handcuffs. In 1980, the Supreme Court declared handcuffing unconstitutional under Article 21, requiring reasons for handcuffing to be recorded and permission obtained from a magistrate. Now, Section 43(3) of the Indian Civil Defense Code permits handcuffing prisoners at the time of arrest or court production if they are habitual offenders, have escaped custody before, or are involved in organized crime, terrorism, drug offenses, arms offenses, murder, rape, acid attacks, smuggling of counterfeit currency, human trafficking, sexual offenses against children, or crimes against the state.Under the new laws, trials can proceed even if the accused is not present in court. If the accused fails to appear within 90 days after charges are framed, the trial will begin, as the court will consider the accused to have forfeited their right to a fair trial.Changes to Mercy Petition RulesThe procedure for filing mercy petitions has also been modified. Previously, there was no time limit for filing a mercy petition after exhausting all legal options. Now, under Section 472(1) of the Indian Civil Defense Code, a convict must file a mercy petition within 30 days. The Central Government must inform the State Governments Home Department and the Jail Superintendent of the Presidents decision within 48 hours.
