Source: The Hindu 

Introduction 

On 1^st July 2024, India embarked on a transformative journey in its criminal justice system with the implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This comprehensive reform aims to modernize and streamline legal processes, with a particular focus on enhancing the efficiency and accountability of law enforcement agencies. The Bureau of Police Research and Development (BPRD) has issued Standard Operating Procedures (SOPs) to guide police officers in implementing these new provisions.   

What are the New Provisions for Registration of FIR and Initial Reporting? 

• Legal Provision: 
  • Section 173 of BNSS deals with information in cognizable cases. 
  • BNSS introduces significant changes to the process of registering First Information Reports (FIRs), addressing long-standing issues and leveraging technology to improve accessibility and transparency.  
• Zero FIR and Jurisdictional Mandates: 
  • Under Section 173 of the BNSS, the "Zero FIR" concept is now legally codified, earlier it was not codified under CrPC. 
    • Police officers can no longer refuse to register an FIR citing jurisdictional issues.  
  • This provision aims to eliminate a common hurdle faced by citizens when reporting crimes, especially in cases where the exact location of the offense is unclear or falls under a different jurisdiction. 
  • The officer-in-charge of a police station is legally bound to register the FIR, regardless of jurisdictional concerns, and then transfer the case to the appropriate police station.  
  • This change ensures that crucial time is not lost in the initial stages of crime reporting and investigation. 
  • The BNSS introduces penal consequences for non-registration of FIRs, adding a layer of accountability to ensure police compliance with this mandate. 
• Electronic Reporting and Documentation: 
  • The BNSS has incorporated provisions for electronic reporting of crimes.  
  • While traditional methods of oral and written reporting remain valid, citizens can now provide information through electronic means.  
    • This could include emails, online portals, or other digital platforms designated by law enforcement agencies. 
  • As per Section 173(1)(ii) to maintain the integrity of the reporting process, electronically submitted information must be signed by the informant within three days.  
    • This provision strikes a balance between accessibility and accountability, ensuring that digital reports are treated with the same seriousness as traditional ones. 
  • The implementation of electronic reporting necessitates the development of robust digital infrastructure.  
  • Agencies such as the Crime and Criminal Tracking Network and Systems (CCTNS) will play a crucial role in creating secure, user-friendly platforms for citizens to report crimes. 

How Does Mandatory Videography Enhance Transparency in Police Procedures Under the BNSS? 

• About: 
  • BNSS has mandatory videography of key police procedures.  
  • This aims to increase transparency, reduce the possibility of misconduct, and provide clear evidence for court proceedings. 
• Search and Seizure Documentation: 
  • Section 185 deals with search by police officer. 
  • Section 185 of the BNSS, police officers are now required to video record all searches conducted during investigations. 
  • This includes searches of premises, vehicles, and individuals. 
  • Similarly, Section 105 mandates videography of the process of taking possession of any property during an investigation. 
• Crime Scene Documentation: 
  • Section 176 of the BNSS requires videography of crime scenes. 
  • Section 176 deals with procedure for investigation. 
  • This provision is crucial for preserving the integrity of physical evidence and creating a comprehensive record of the crime scene for future reference. 
• Implementation Challenges and Solutions: 
  • The mandatory videography requirements pose several challenges for police departments, including equipment and training needs, data storage and management issues, and privacy concerns.  
  • The National Informatics Centre has developed 'eSakshya', a cloud-based mobile application designed specifically for law enforcement agencies to address these challenges.  
  • This app allows for the capture of multiple photos and videos, with each item being geo-tagged and time-stamped to ensure data integrity. 

How Does the BNSS Revamp Arrest Procedures Balance Law Enforcement and Civil Liberties? 

•  Public Display of Arrest Information: 
  • Section 37 of the BNSS mandates that information about arrested persons should be prominently displayed in police stations.  
  • Section 37 deals with Designated police officer. 
  • This responsibility falls to a designated police officer, not below the rank of Assistant Sub-Inspector, in every police station. 
  • The information to be displayed includes the names and addresses of arrested individuals, as well as the nature of the offenses they are charged with. 
•  Protections for Vulnerable Individuals: 
  • The BNSS introduces specific protections for elderly, infirm, or sick individuals facing minor charges.  
  • Section 35 deals with when police may arrest without warrant 
  • Section 35(7) stipulates that the arrest of a person charged with an offense punishable by less than three years of imprisonment requires the permission of an officer not below the rank of Deputy Superintendent of Police (DySP) if the accused is infirm or above 60 years of age. 
• Judicious Use of Handcuffs: 
  • While the BNSS provides for handcuffs in certain cases, it emphasizes the cautious application of this practice.  
  • The law reaffirms the Supreme Court's guidelines on handcuffing, which state that restraints should only be used when there is a reasonable apprehension that the accused may escape from custody or cause harm to themselves or others. 

What are the New Timelines for Completing Investigations under the BNSS? 

•  Medical Examination in Rape Cases: 
  • Section 184(6) of the BNSS mandates that in cases of rape, the registered medical practitioner must forward the medical report to the Investigating Officer (IO) within seven days.  
    • The IO is then required to forward this report to the concerned magistrate.  
  • This provision aims to expedite the collection and processing of crucial medical evidence and reduce delays in the investigative process. 
• Accelerated Timelines for POCSO Cases: 
  • The BNSS extends the expedited investigation timeline previously applicable only to rape cases under the Indian Penal Code to cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012. 
  • Investigations in POCSO cases are now required to be completed within two months of recording the initial information about the offense. 
• Electronic Evidence Handling: 
  • Section 193(3)(h) of the BNSS introduces a new requirement for IOs to maintain the sequence of custody for electronic devices seized during investigations.  
  • This provision recognizes the increasing importance of digital evidence in criminal cases and the unique challenges it presents. 
• Progress Updates to Informants/Victims: 
  • The same sub-section also mandates that IOs must inform the informant or victim about the progress of the investigation within 90 days.  
  • This provision aims to increase transparency in the investigative process and keep victims and informants engaged and informed. 

How does the Bharatiya Nyaya Sanhita (BNS) Define Terrorism and Related Offenses? 

• Definition of 'Terrorist Act': 
  • Section 113 of the Bharatiya Nyaya Sanhita,2023 (BNS)__ provides a comprehensive definition of what constitutes a 'terrorist act'.  
  • This definition is crucial as it sets the parameters for which cases can be investigated and prosecuted under terrorism laws. 
• Decision-Making Authority: 
  • The BNS places the responsibility for deciding whether to register a case under Section 113 or the more stringent Unlawful Activities (Prevention) Act (UAPA) on officers not below the rank of Superintendent of Police (SP).  
  • This provision aims to ensure that the application of terrorism charges is subject to high-level scrutiny and decision-making. 

Conclusion 

BNSS represents a promising leap towards a more efficient and fair criminal justice system in India, its success hinges on rigorous implementation and ongoing evaluation. The commitment of all stakeholders, coupled with careful monitoring and adjustment based on practical outcomes, will be crucial in realizing its goals of enhancing transparency, simplifying procedures, and ensuring accountability. With sustained effort and adaptation, the BNSS has the potential to significantly elevate India's legal framework, aligning it better with the demands of contemporary societal expectations and governance standards.