The Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code of 1860, is expected to be amended soon by the Union government to include a section on sexual crimes against men and transgender persons.
NEW DELHI: As three new criminal laws take effect nationwide from today, despite objections from states governed by opposition parties, Union government officials stated that states are permitted to amend certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure (CrPC). The BNSS outlines the procedures and conditions for arrest, bail, and custody, among other things.
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The Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code of 1860, is expected to be amended soon by the Union government to include a section on sexual crimes against men and transgender persons.
A senior government official mentioned that police officers are currently instructed to use other related sections under the BNS, such as wrongful confinement and physical harm, for such complaints until the amendment is made to address this gap.
The Bharatiya Sakshya (BS), which replaces the Indian Evidence Act of 1872, is the third law to come into force, marking a complete overhaul of the country’s criminal justice legal framework. Starting at 12 a.m. on July 1, more than 650 district courts and 16,000 police stations nationwide will transition to the new system.
From July 1, cognizable offenses will be registered under Section 173 of the BNSS instead of Section 154 of the CrPC. However, the IPC and CrPC will continue to run concurrently with the new laws, as several cases are still pending in courts and some crimes committed before July 1 but reported later will have to be registered under the IPC.
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Supporting States: On June 21, West Bengal Chief Minister Mamata Banerjee requested Prime Minister Narendra Modi to delay the implementation of the laws passed by Parliament in December 2023. However, another senior government official told The Hindu that comprehensive training and support have been provided to all states to help them adapt to the new system.
First Information Reports (FIRs) will now be filed through the Crime and Criminal Tracking Network Systems (CCTNS), a program under the National Crime Records Bureau. A significant upgrade to the CCTNS under the new laws will allow people to file an e-FIR without visiting a police station and a zero FIR, which can be filed regardless of the crime location’s jurisdiction.
The official noted that the CCTNS software has been modified to allow FIRs to be registered in languages other than English and Hindi.
“Even under the IPC, police had the provision to register cases in Tamil, Marathi, Gujarati, among others. An additional update has been made to facilitate easier filing under the new criminal laws,”
the official said.
Recording Evidence: The BNSS mandates compulsory audio-video recording of search and seizure operations in all criminal cases, including the preparation of a list of seized items and witness signatures, and mandatory forensic examinations in cases where the offense is punishable by seven years or more. These recordings must be electronically submitted to the court “without delay.”
The Union Ministry of Home Affairs is testing eSakshya, a mobile-based application to assist police in recording crime scenes and search and seizure operations in criminal cases and uploading the files to a cloud-based platform. Officials emphasized the importance of securing the cloud-based system where the data will be stored. The eSakshya platform is hosted by the National Informatics Centre.
State-Level Preparations: Depending on their capacities, several states have devised their own systems. For instance, the Delhi Police has developed an e-Pramaan application to help investigating officers record crime scenes and generate a hash value along with a certificate under Section 62 of the Bharatiya Sakshya.
“A whitelist of mobile devices authorized for recording crime scenes and search and seizure operations has been prepared by the Delhi Police. Only devices on this list can be used for recordings to maintain the chain of custody of evidence,”
said the official.
The Uttarakhand Police has distributed tablets to each police station for audio-video recording purposes. The Uttar Pradesh Police has allocated a separate budget for police stations to procure tablets, pen drives, mobile phones, printers, and other hardware necessary to comply with the new law provisions.
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However, the BNSS allows states until June 2029 to enhance their forensic capabilities.
“Although forensics is mandatory for all crimes punishable by over seven years, not all states have the required capacity and trained personnel. They have five years to upgrade. Until then, they can utilize available resources, and even police officers can be trained to collect samples after receiving training from a recognized institute,”
the official said.
