Three new criminal laws kick in from July 1, Delhi’s judges and lawyers gear up for changes

At courtrooms, QR codes printed on A4 sheets can be found scattered for lawyers to scan so that they gain free access to reading material regarding the new laws. The Delhi Judicial Academy, along with Delhi Bar Association, also held an orientation programme at the Tis Hazari Courts for five days in May to familiarise advocates with the new laws.

Overview of the criminal laws, a comparison with the older laws, the addition of new offences, trials in absentia, and rights of victims and accused were the main focus of the 10 sessions which spread out over five days.

“There are not many new offences, but the sequence of all the offences has been changed,” Delhi Bar Association President Nitin Ahlawat told The Indian Express, adding that educating lawyers was of utmost importance if the judiciary was to function effectively. He also said that every day, around 400 lawyers from across Delhi attended the sessions.

While there are many overlaps between the new and old laws, there are 33 offences in the new laws where period of imprisonment has increased. In 83, fines have increased and in 23 punishment has been made mandatory.

Additional offences include “mob lynching”, “hate crimes” and “sexual intercourse by deceitful means”. Along with these, “petty organised crimes” like snatching have been added.

Among other significant changes is conducting trial in absentia.

As per the BNS, person accused of crime can be tried and convicted in his absence, as if he was present in court and has waived his right to a fair trial for all offences.

“… when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present…,” it says.

Trial in absentia cannot start the trial in such cases unless a period of 90 days has lapsed from the date of framing of the charge, it adds.

Along with lawyers, judicial officers were also provided with training by Justice Mukta Gupta and Senior Advocate Mohit Mathur at Delhi Judicial Academy in Dwarka.