Police Get More Powers Under New Laws

Lawyers have pointed out that the new laws increase police powers by extending the maximum limit of police custody from 15 days to 60 days or 90 days.

Three new criminal laws will be implemented nationwide from Monday, July 1, 2024, amid the Centre's reassurances that the criminal justice system is prepared to deal with the changes.

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam will replace the colonial-era Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively.

Some of the highlights of the new laws include allowing people to report incidents by electronic communication without the need to physically visit a police station, 'zero' FIR at any police station regardless of jurisdiction, and a free copy of the FIR to the victim (all under Section 173 of the Bharatiya Nagarik Suraksha Sanhita) and an individual has the right to inform a person of his choice if he or she is arrested (Section 36 of the Bharatiya Nagarik Suraksha Sanhita).

Some stakeholders have expressed reservations about the 'hurried' rollout of the laws. West Bengal Chief Minister Mamata Banerjee has written to Prime Minister Narendra D Modi suggesting a parliamentary review of the laws, which parties in the Opposition INDIA bloc, including the Congress, have echoed.

In a resolution passed on June 26, the Bar Council of India acknowledged the representations it has received from Bar Associations and state Bar Councils from across the country, where they protested the rollout of the new laws and demanded thorough discussions before their rollout.

The Bar Council of India requested them to refrain from any form of agitation or protest at this juncture.

However, the Centre has maintained that the implementation of the new laws is a move for the better.

In her address to the joint sitting of Parliament on Thursday, President Droupadi Murmu said that during the British regime, 'there was the mindset to punish the subjects' and 'unfortunately' the same penal system of the colonial era continued after Independence.

Murmu said the idea that this should be changed had been discussed for several decades, but the current National Democratic Alliance showed the 'courage to do it'. 'Now, justice will get priority over punishment, which also conforms to the spirit of our Constitution,' Murmu said.

In the run-up to the rollout of the new laws, the Centre has held meetings with Union ministries, chief secretaries in states and Union Territories, and police chiefs.

The National Crime Records Bureau, Bureau of Police Research & Development and the National Informatics Centre have conducted training programmes and launched applications, such as eSakshya, NyayShruti, and eSummon to facilitate videography, photography of crime scenes and to facilitate delivery of court summons electronically.

Official sources said 4 million grassroots-level functionaries have been trained, as well as half a million police, prison, forensics, judicial, and prosecution officials.

NCRB's 36 teams, one for each state and UT, are providing technical assistance to help with the transition to the new system. The new laws make it compulsory for forensic experts to visit crime scenes for serious offences and collect evidence, which will be mandatorily videographed to prevent tampering with evidence (Section 176 of the Bharatiya Nagarik Suraksha Sanhita).

The new laws prioritise the investigations of crimes against women and children, ensuring timely completion within two months of recording information (Section 193 of the Bharatiya Nagarik Suraksha Sanhita).

Summons can now be served electronically (Sections 64, 70, 71 of the Bharatiya Nagarik Suraksha Sanhita).

Courts grant a maximum of two adjournments to avoid unnecessary delays in case hearings (Section 346 of the Bharatiya Nagarik Suraksha Sanhita).

The new laws mandate all state governments to implement the Witness Protection Scheme (Section 398 of the Bharatiya Nagarik Suraksha Sanhita).

A new chapter has been added in the Bharatiya Nyaya Sanhita specifically to address offences against women and children (Chapter V of the Bharatiya Nyaya Sanhita) and the introduction of community service for minor offences (Sections 4, 202, 209, 226, 303, 355, 356 of the Bharatiya Nyaya Sanhita).

However, in their dissent notes to the parliamentary committee on home, Opposition members, such as the Congress' P Chidambaram, the Trinamool Congress' Derek O'Brien, and others, had pointed out some of the problems with the new laws, including the fact that 75 per cent of existing provisions have been retained verbatim.

Lawyers and Opposition parties have pointed out that the new laws increase police powers by extending the maximum limit of police custody from 15 days to 60 days or 90 days (Section 187 of the Bharatiya Nagarik Suraksha Sanhita).