Paper: GS – II, Subject: Governance, Topic: Government Policies, Issue: Developments related to new criminal Codes.
Context:
In 2024, India replaced colonial-era laws with three new criminal codes.
1. Bharatiya Nyaya Sanhita (BNS) – Replaced IPC.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS) – Replaced CrPC.
3. Bharatiya Sakshya Adhiniyam (BSA) – Replaced Indian Evidence Act.
Key Highlights:
FIRs and System Integration:
- FIRs are now registered through Crime and Criminal Tracking Network and Systems (CCTNS).
- Investigating Officers (IOs) are adapting steadily to the procedural shifts with the smooth transition managed by the Ministry of Home Affairs (MHA).
e-Sakshya Mobile App:
- A major innovation developed by NIC:
- Captures real-time evidence (photos, videos, GPS, timestamp).
- Enhances transparency in search/seizure processes.
- Deterrent against misconduct (e.g., IOs now require ‘selfies’ at crime scenes).
- Data is stored in National Government Cloud (NGC); only courts can access it.
Forensics and Scene Preservation:
Mandatory Scene Inspection:
- Section 176 of BNSS mandates that the scene of crime must be inspected by FSL experts. It improves quality of forensic evidence.
Changes in Definitions and Provisions:
- BNS redefines petty offences (≤ ₹5000 fine) with summary disposal.
- New Section 350 of BNSS introduces:
- Video recording of evidence and examination.
- Broader scope for victim rights and witness protection.
New Police Dog Squads & Forensic Labs:
There is an increased emphasis on forensic science infrastructure:
- Plan to set up Central Forensic Science Laboratory at Raipur.
- Police dog squads assist in tracking and scene investigation.
Implementation Challenges:
Technical and Procedural Gaps: While e-Sakshya is transformative, problems remain with
- Limited access to smartphones/internet in rural areas.
- Duplication of work (videos submitted physically & digitally).
- Time limits for video uploads (max 10 minutes) are restrictive.
- Courts reluctant to rely fully on tech evidence due to authenticity concerns.
Medical Coordination issues:
Under BNSS Section 340, police must get post-mortem reports within 48 hours. But challenges remain in:
- Delayed medical examination.
- Coordination with healthcare institutions (especially in rural areas).
Way ahead:
- Use of technological tools like mandatory digital evidence, GPS/time-stamped verification, and Improved chain of custody.
- Continuous training, periodic review, feedback from field-level officers to refine the system.
Conclusion:
The new criminal laws reflect India’s shift away from colonial legacy. Though technology (like e-Sakshya, CCTNS, forensic reforms) is a major enabler, successful implementation hinges on institutional training, medical coordination, and Infrastructure upgradation.
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