New criminal laws will prioritize justice over punishment: Amit Shah


Union Home Minister Amit Shah.  File

Union Home Minister Amit Shah. File | Photo credit: ANI

Union Home Minister Amit Shah said on Monday that it would take three to four years for the “entire process” and related “technical aspects” of the three criminal laws to be fully implemented.

After this entire process is implemented, a person will get justice even from the Supreme Court within three years of registration of the First Information Report (FIR).

Mr. Shah said the new laws would prioritize justice over punishment.

The Home Minister said that the three laws are available in all the languages ​​listed in the Eighth Schedule of the Constitution, including Tamil, and judicial proceedings will also be held in these languages.

“The rules have been translated into Tamil and the proceedings will also be held in Tamil. Neither [Tamil Nadu] Neither the Chief Minister, nor the MPs have sought time to debate the opposition to the names of the laws. I want to appeal again. See me if you have any complaints. Boycotting the laws is not the right way, there are other ways of doing politics,” Mr Shah said when asked about Tamil Nadu Chief Minister MK Stalin's objections to the laws.

On June 18, Mr. Stalin wrote to Mr. Shah asking him to stay the laws stating that the name of the laws (in Sanskrit) was clearly violative of Article 348. Mr. Shah asserted that the total period of police custody was 15. days and it was not extended to 60 days. “The total remand will be 15 days but it has to be secured within 60 days. [of arrest], can be taken in parts. “Earlier, if an accused was sent to police remand and admitted himself to hospital for 15 days, then there was no questioning as his remand period was over,” Mr Shah said. said

See: Explained: What are the three new criminal laws?

The first case

He said that the first case under Bharatiya Naya Sanhita (BNS) was registered in Gwalior, Madhya Pradesh regarding the theft of a motorcycle worth Rs 1.8 lakh.

Mr. Shah said that the case against a street vendor in Delhi has been dropped.

The Home Minister clarified that the BNS, which came into force on Monday, had a provision for maximum 15-day police custody like the previous IPC and cleared the confusion that the remand period was extended.

On the missing section of the penal provisions for sexual offenses against men and transgenders, Mr. Shah said, “It is the Supreme Court's decision, it is a matter of interpretation. We will talk to the Supreme Court.”

The home minister said a “leak-proof” system is in place to store data and accountability has been fixed for those recording videos and uploading data.

The Indian Civil Protection Sanhta (BNSS) has mandated mandatory audio-video recording of search and seizure in every criminal case and mandatory forensic examination in all cases where an offense is punishable by seven years or more. The recordings must be produced to the court electronically “without delay.”

Extensive discussion

Addressing a press conference, the minister said that various misconceptions are being spread about the new criminal laws, with the aim of creating confusion in the minds of the public about the laws. He said that every aspect of the new laws was extensively discussed with various stakeholders for four years and no law was discussed at such length in independent India.

“Many controversial clauses which continued from the British era and were creating problems for people have been removed and new sections have been added which are relevant today,” the Home Minister said.

He said that the crime of sedition created by the British has been abolished in the new laws. A new section for anti-national activities was added, providing for severe punishment for those who harmed the unity and integrity of India.

Mr. Shah said that 99.9 percent of police stations across the country have been computerized and the process of creating e-records has already started in 2019. He said that zero FIR, EFIR and charge sheet will be in digital format.

He said forensic investigation is mandatory in crimes punishable by seven years or more, which will help speed up justice and bring the conviction rate up to 90 percent. For this purpose trained manpower will be required and after three years the country will have more than 40 thousand trained manpower. The Union Cabinet has recently decided to set up Forensic Science University campuses and to set up six Central Forensic Laboratories in nine more states, the Home Minister said.

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