India’s Judicial system on Monday embarked on a new journey with the implementation of the three new criminal laws – The Bharatiya Nyaya Sanhita, Bharatiya Nagariik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.
The goal of these landmark laws is to revolutionise the criminal justice system and make it more pro-justice. The government is conducting a massive capacity-building exercise to train the police, prosecution, judiciary, forensics, and prison personnel to transition from the old laws to the new ones.
Extensive training programs have been carried out, surpassing the set targets, to ensure that all stakeholders are prepared to handle the new laws and bring about a significant shift in the country’s criminal justice system.
The training programs have surpassed targets, with police, prosecution, judiciary, forensics, and prison personnel receiving comprehensive training. The Indian government is working tirelessly to ensure that all stakeholders are equipped to handle the new laws, that is expected to bring about a paradigm shift in the country’s criminal justice system.
Checks on Police Power
The central government claimed that to prevent the misuse of provisions related to arrests by Police, the BNSS (Cl. 37/B) has introduced an additional obligation on the State Government to designate a Police officer who would be responsible for maintaining information regarding all arrests and arrestees.
The Clause also requires such information to be displayed prominently in every Police Station and at the district headquarters.
Also, in case of offences punishable with imprisonment below 3 years and where the accused is infirm or above 60 years of age, a police officer cannot arrest the person without prior permission of an officer not below the rank of Deputy Superintendent of Police (Cl. 35/7).
The category of persons who could be informed regarding the arrest of the arrestee has been expanded to include ‘any other person’, apart from the existing provisions related to informing any relative or a friend.
An entry of the fact as to who has been informed of the arrest shall be made in a book to be kept in the Police Station in such form as the State Government may provide (Cl. 48/3).
Crime Against Women
The government claims that The BNS introduces a transformative approach to the reporting of crimes against women through electronic First Information Reports (e-FIRs). This aids in the swift reporting of such heinous offences requiring immediate attention.
The digital platform facilitates immediate reporting, overcoming traditional barriers and reflects the essence of established legal principles emphasizing timely reporting. However, the government has not taken false cases against men by women in the country and made punishment tough.
Terrorism Defined
For the first time, the government has described terrorism and organised crime in new laws. The government says that Strong action against terrorists, organised crime syndicates and other serious crimes (sexual offences in particular): Police must sternly deal with the heinous offences of terrorism and organised crime.
These crimes had not been hitherto defined in any of the Major Criminal Acts and special legislations had been framed for dealing with these offences.
Further, even if the Police were able to target the main accused, the persons who aided such activities and supported the entire organised crime or terror eco-system were not prosecuted effectively. Those operating from foreign countries were generally outside the ambit of the law in the current major Criminal Acts.
The BNS tries to overcome these barriers and introduces a robust legislative framework to successfully prosecute such offenders.
Use of Technology
The BNSS has introduced the use of technology at all stages, from Scene of Crime visit to Investigation to Trial. The government is expecting it as a game changer in terms of faster trial and introducing transparency in investigation.
The inclusion of technology and forensics in the investigation is a significant move geared towards modernising the criminal justice system and harnessing the strength of modern scientific technologies. This will also ensure greater accountability in police investigations, improve the quality of evidence and protect the rights of both the accused and victims.
Considering the risk of manipulation of evidence, the mandatory inclusion of audio-video recording in search and seizure proceedings is important in BNSS.
In BNSS Cl.105, the scope of audio-video recording during search and seizure includes, among others, the process of preparing a list of seized items and the signature of witnesses.
Transparency in search and seizure proceedings is likely to deter against fabrication of evidence and ensure the presence of independent witnesses in these proceedings.
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