Enhancing the Efficiency of Bhartiya Nagrik Suraksha with Advanced Technology
Introduction:
The new criminal laws' enactment threatens to alter the criminal justice system drastically. These laws aim to restructure the current criminal justice system with never-before-seen vigour and creativity. The Code of Criminal Procedure, 1973 (CrPC) was India's former body governing criminal procedure laws. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeks to amend and unify these laws. Through the implementation of a citizen-centric criminal procedure, the Bureau of National Security (BNSS) has effectively tackled longstanding issues within the criminal justice system, such as intricate legal procedures, pending criminal cases in court, and insufficient utilization of forensic sciences and other scientific technologies for crime scene investigation.
Important Procedural Changes to be Noted:
An official in charge of a police station is not permitted to get information concerning the commission of a cognizable offence electronically under Section 154(1) of the CrPC. Information about the commission of a cognisable criminal may be communicated electronically to a police station officer in accordance with Section 173(1) of the BNSS.
A copy of the recorded information could only be given to the informant, under Section 154(2) of the CrPC. However, the BNSS's Section 173(2) mandates that a copy be sent to the victim or the informant.
In the past, the process for police officer investigations was regulated under Section 157 of the CrPC. However, the antiquated investigative process did not use contemporary technology or forensic techniques to gather evidence from a crime scene. As a result, these components are included in crime scene investigation and further evidence recording under Section 176 of the BNSS.
Other lacunae were found in section 157 of CrPC which was addressed in Section 176(3) of the BNSS. According to Section 176(3) of the BNSS, the officer in charge of the police station is required to make sure that a forensic expert visits the crime scene to gather evidence and that the scene is video-graphed using mobile phones or other electronic devices upon receiving information about an offence punishable by seven years or more.
According to Section 167(2) of the CrPC, a magistrate who receives an accused person's presentation may order the accused's imprisonment for a maximum of 15 days, even if the magistrate lacks the authority to try the matter. The accused may be sent to a magistrate with appropriate authority if the magistrate feels that additional detention is not required and lacks jurisdiction. But Section 187(2) of the BNSS broadens this further, enabling a Magistrate to determine whether the accused has been freed on bail or whether his bail has been revoked independent of the Magistrate's authority over the matter.
Introduction of Advanced Technology through BNSS:
In addition to providing, the Bharatiya Nagrik Suraksha Sanhita, which is scheduled to replace the Criminal Procedure Code from the Colonial era, specifies when charges should be filed when to file a FIR, and when to take cognizance. A chronology has been created in 35 sections to enable swift justice. The individual filing the complaint electronically must get the FIR on file with the BNSS within three days. Within seven days, the Medical Examiner will send the investigating officer the victim of sexual harassment's medical examination report. Within ninety days, victims and informants will be updated on the investigation's progress.
In order to facilitate the timely reporting of sensitive crimes, the new law provided a revolutionary method for reporting crimes against women using e-FIR. The updated Bill permits e-FIRs for crimes that are legally actionable even if the accused is unknown. Additionally, victims have a subtle way to report crimes thanks to electronic platforms.
The updated Bill permits e-FIRs for crimes that are legally actionable even if the accused is unknown. Additionally, victims have a subtle way to report crimes thanks to electronic platforms. By establishing the most advanced legal system in the world, it also made it possible to improve the use of technology. In addition to transparency and accountability in police investigations, the use of technology has been permitted at every level, from the crime scene through investigation and prosecution.
Audio-video recording has been made required during search and seizure. 'Immediately' is how the magistrate should get the audio-video recording. Video documentation of the forensic evidence collection procedure is necessary. During the police inquiry, the option to capture any statement on audio or video has been provided. Regarding asset disposal, it has been observed that many case properties are located in the nation's police stations. As a result, arrangements have been made for the prompt disposal of these properties during investigations, as well as for the preparation of property details and photographs and videos by the court or magistrate, which may be used as evidence in any trial, investigation, or other proceeding.
Conclusion:
India's criminal justice system is set to undergo major modifications according to the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2). The BNSS2 raises questions in a number of areas, even if it contains constructive initiatives such as requiring forensic investigations:
Restricted Bail and Plea Bargaining- Modifications to bail laws and prohibitions on plea deals may restrict the rights of the accused and worsen the congestion in prisons.
Data Collection and Due Process- The BNSS2 gives authorities more authority to gather data, however, this might conflict with current laws and cause privacy issues. Furthermore, in contrast to the PMLA, property attachment processes do not provide any protections.
Discrepancies and Ignored Reforms- Redundancy is created by the BNSS2's replication of current laws' provisions. Moreover, it disregards well-researched reform proposals in areas such as compensation for false accusations and sentence criteria.
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About the Author
Anju S Nair
Legal Researcher | LLB, MA English| Corporate Lawyer | Business Enthusiast | Founder & CEO at iLawbook.