| PYQ Relevance:
[UPSC 2024] The Doctrine of Democratic Governance makes it necessary that the public perception of the integrity and commitment of civil servants becomes absolutely positive. Discuss.
Linkage: The new criminal codes, through provisions like mandatory audio-video recording of searches and seizures, aim to improve the quality of investigation and ensure greater integrity and commitment from investigating officers (IOs). This directly seeks to foster a positive public perception of civil servants involved in law enforcement, aligning with the query’s emphasis on progress in the new codes. |
Mentor’s Comment: As India completes one year of implementing its overhauled criminal justice framework—comprising the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—the on-ground feedback is beginning to surface. A major highlight has been the operationalization of the ‘e-Sakshya’ app for real-time evidence collection. While it empowers investigation officers (IOs) and enhances transparency, several systemic and logistical constraints hinder its full potential. Despite attempts at modernization, the gap between legal reforms and infrastructural readiness threatens to blunt the progressive intent of these laws. This transitional phase is a crucial moment for policy correction and investment.
Today’s editorial talks about the effectiveness of India’s new criminal laws—BNS, BNSS, and BSA. This topic is important for GS Paper II (Indian Polity & Governance) in the UPSC mains exam.
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Let’s learn!
Why in the News?
Recently, India’s new criminal laws—BNS, BNSS, and BSA—mark a year of implementation. Technological tools like the e-Sakshya app aid progress, but feedback from investigating officers reveals key challenges and improvement needs.
What are the key improvements brought by the BNS, BNSS, and BSA in the criminal justice system?
- Modernization of Colonial Laws: The new laws replace the outdated Indian Penal Code (1860), CrPC (1973), and Indian Evidence Act (1872), aligning criminal justice with contemporary realities, citizen-centric values, and technological advancements.
- Integration of Technology in Investigation: The BNSS mandates audio-video recording of critical procedures such as search, seizure, and statement recording. It supports the use of tools like the ‘e-Sakshya’ app for real-time digital evidence collection, improving transparency and accountability.
- Improved Victim-Centric and Time-Bound Procedures: Provisions like seven-day deadlines for medical reports in rape cases and emphasis on video conferencing for witness examination under BNSS aim to ensure faster process, reduce trauma for victims, and increase judicial efficiency.
How has the ‘e-Sakshya’ app enhanced evidence collection and policing?
- Real-time digital documentation: The app enables investigating officers to capture photos and videos on the spot with geo-coordinates and a timestamp, ensuring authenticity and preventing tampering. For instance, during a search and seizure, the officer must record the process under Section 105 of BNSS, improving transparency.
- Improved accountability in investigations: Investigating officers are now required to take selfies at crime scenes, ensuring that they personally conduct the investigation and don’t delegate it unofficially. This deters fabrication of evidence and builds a stronger chain of custody for trial.
- Strengthened witness reliability: The visual capture of witness presence at the crime scene discourages denial of participation later in court. Eg when a suspect is made to show the place where a weapon or contraband is hidden, the recording serves as reliable secondary electronic evidence admissible in court.
Why is digital integration through CCTNS and ICJS vital for the new laws’ success?
- Seamless transition and registration of cases: The Crime and Criminal Tracking Network and Systems (CCTNS) ensures smooth FIR registration and jurisdictional transfers, enabling police stations to shift from old laws to BNS, BNSS, and BSA without disruption. For instance, zero FIRs are easily routed to the correct police stations within a state using CCTNS.
- Interlinking of justice system pillars: The Inter-operable Criminal Justice System (ICJS) connects police with forensic labs, prosecution, courts, and jails, improving coordination and efficiency. This digital integration supports time-bound actions like forwarding medical examination reports or conducting video-based evidence collection as mandated under BNSS.
| Note: About Zero FIR It refers to a First Investigation Report (FIR) that is registered irrespective of the area where the offence is committed. The police in such a case can no longer claim that they have no jurisdiction. |
What are the challenges that hinder the effective implementation of the new criminal laws?
- Inadequate digital infrastructure: Many police stations have only one tablet, and officers often use their personal phones to operate the e-Sakshya app, which requires Android version 10 or higher and at least 1GB of storage. This limits the ability to uniformly implement mandatory audio-video recording provisions under BNSS.
- Lack of real-time integration with courts: While images and videos are stored on the National Government Cloud (NGC), courts still do not directly access this digital evidence through the ICJS. Instead, police submit evidence using pen drives, leading to duplication, extra costs, and delay in proceedings.
- Forensic and legal bottlenecks: Despite the requirement of FSL expert visits under Section 176 of BNSS, forensic infrastructure in many states remains underdeveloped. Also, cybercrime evidence often needs expert analysis and testimony, but State forensic labs are yet to be notified under the IT Act, hampering admissibility of digital evidence.
What reforms are needed to address them? (Way forward)
- Strengthen digital infrastructure in police stations: The government should ensure that each investigating officer (IO) has access to a dedicated device compatible with the e-Sakshya app. Providing sufficient tablets or mobile phones with the required specifications will help officers capture evidence reliably and eliminate the need for using personal devices.
- Enable direct court access to digital evidence: Courts must be integrated with the Inter-operable Criminal Justice System (ICJS) to allow secure, real-time access to evidence stored on the National Government Cloud. This will eliminate dependency on external storage like pen drives and promote efficiency and authenticity in judicial proceedings.
