A Comprehensive Overview of India's New Criminal Laws

Overview of the New Criminal Laws

India has recently enacted three significant criminal laws that aim to modernize the legal system. These laws include:

• Bharatiya Nyaya Sanhita (BNS) — which replaces the Indian Penal Code (IPC)
• Bharatiya Nagarik Suraksha Sanhita (BNSS) — which replaces the Code of Criminal Procedure (CrPC)
• Bharatiya Sakshya Adhiniyam (BSA) — which replaces the Indian Evidence Act

All three laws came into effect in July 2024, marking a year since their passage.

Major Changes Introduced

These new laws bring several pivotal changes to the criminal justice landscape, including:

• Mandatory forensic visits to crime scenes for serious offences
• Implementation of body cams and eSakshya to record evidence
• Digital recording of FIRs through the Crime and Criminal Tracking Network and Systems (CCTNS)
• Accelerated trials and improved management of evidence

Understanding eSakshya

eSakshya is a mobile application designed for police use, enabling them to capture critical evidence such as photos, videos, audio recordings, GPS coordinates, and digital signatures at crime scenes. This tool is essential for preserving the authenticity of evidence collected.

The Role of CCTNS

The CCTNS acts as a digital platform that interlinks police stations, forensic labs, courts, and correctional facilities, facilitating the filing of FIRs under the new laws.

Linking Systems for Efficiency

The Inter-operable Criminal Justice System (ICJS) connects the CCTNS with courts, forensic science labs, and prisons, ensuring quicker information exchange and supporting digital case tracking.

Forensic Evidence and Its Significance

One of the standout features of these laws is the emphasis on forensic evidence. Section 176 of BNSS mandates police to document forensic visits for offences with penalties of seven years or more. This includes the requirement for a Forensic Science Laboratory (FSL) expert to be present at crime scenes.

Challenges in Implementation

Despite the advancements, challenges remain in the implementation of these laws, such as:

• Insufficient mobile storage space (1 GB minimum required)
• Delays in obtaining forensic expert opinions
• Poor internet connectivity in remote areas
• The need for ongoing training for Investigating Officers (IOs)

Feedback from Investigating Officers

The success of these new laws hinges on the feedback from Investigating Officers, who play a critical role in the investigative process. Their insights are vital for refining procedures and enhancing applications like eSakshya, directly affecting investigation quality.

Storage and Admissibility of Digital Evidence

Digital records, including videos, are stored in 'Sakshya lockers' managed by the National Government Cloud. These recordings are then transferred to courts via the CCTNS.

If a digital file is contested in court, the law permits video and digital evidence to be cross-verified using SHA256 stamping, enhancing admissibility and minimizing the risk of tampering.

New Offences and Investigation Protocols

Under BNSS, new offences such as organized cybercrime, online gambling, and synthetic drug trafficking have been introduced, complete with detailed definitions and penalties. Additionally, changes have also been made to the protocols surrounding rape investigations; under BNSS Section 184, medical reports for rape survivors must be submitted by doctors within seven days. The MedLeaPR app, developed by the health ministry, facilitates quicker submission of these reports to courts and police.

The Need for Ongoing Review

Given the novelty of these laws, ongoing reviews are being conducted by State and Union Territories on a weekly basis. Feedback loops are established to fine-tune processes, and special training sessions are implemented to ensure effective adoption and application of these legal reforms.