Amid the rollout of new criminal laws, the Union government is set to introduce amendments to the Bharatiya Nyaya Sanhita (BNS) to address gaps in addressing sexual crimes involving men and transgender individuals.
The new legislation, effective from July 1, grants states the flexibility to modify certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure (CrPC), governing aspects like arrest, bail, and custody procedures.
Amendments to BNS and BNSS
The Union government acknowledges the need to rectify the absence of specific sections within the BNS pertaining to sexual offences against men and transgender persons. Until these amendments are formally integrated, law enforcement agencies have been advised to utilize related sections under the BNS, such as those covering wrongful confinement and physical harm, for addressing complaints in this regard.
Implementation of New Laws
Starting July 1, three significant laws, including the Bharatiya Sakshya Adhniyam (BSA), which replaces the Indian Evidence Act, will be enforced nationwide. Over 650 district courts and 16,000 police stations will transition to these new statutes, despite reservations voiced by Opposition-led states.
Under the BNSS, cognizable offences will now be registered under Section 173, superseding Section 154 of the CrPC. Concurrently, existing cases and offences occurring before July 1 will continue under the IPC and CrPC frameworks.
The introduction of a new Crime and Criminal Tracking Network System (CCTNS) software patch enables the filing of First Information Reports (FIRs) in regional languages like Tamil and Marathi, streamlining the reporting process
Support and Training Initiatives
In response to concerns raised by various states, the Union government has provided extensive training and support to facilitate a smooth transition to the new legal framework. Initiatives include upgrading the CCTNS to support electronic FIR submissions and 'zero FIR' filings, which are not limited by jurisdictional boundaries.
Enhanced Recording and Forensic Procedures
The BNSS mandates comprehensive audio-video documentation of search and seizure operations in criminal cases, alongside mandatory forensic examinations for offences carrying a minimum seven-year imprisonment. To facilitate these requirements, the Ministry of Home Affairs is testing the eSakshya mobile application, designed for secure data uploads to a cloud-based platform managed by the National Informatics Centre.
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State-Level Adaptations
States have begun implementing their own systems to comply with the new laws. For example, the Delhi Police has introduced the e-pramaan application for crime scene documentation, while the Uttarakhand Police has distributed tablets for audio-video recording at police stations. However, challenges remain, with states granted until June 2029 to bolster forensic capabilities and officer training.
In conclusion, while the introduction of new criminal laws marks a significant overhaul of India's legal framework, ongoing amendments and state-level adaptations are crucial for ensuring effective implementation and compliance across the nation.
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