Context-

The new criminal laws, effective from July 1, introduce significant changes to the basic duties of police officers. The Bureau of Police Research and Development (BPRD) has issued Standard Operating Procedures (SOPs) to guide police officers in implementing these new provisions.

Rules for Registering FIRs

• Zero FIR Registration : One of the major changes under the Bharatiya Nagarik Suraksha Sanhita (BNSS) is the requirement for the officer in charge of a police station to register an FIR irrespective of jurisdiction. This is popularly known as a zero FIR. The officer is legally bound to register the FIR and transfer it to the respective police station. Section 173 of the BNSS directly addresses this provision. Failure to register an FIR may attract penal action under various sections.
• Modes of Reporting : Information for FIRs can be given orally or in writing, as before. However, a new provision allows for information to be provided by electronic means. The information provided electronically must be signed within three days by the person giving it to be taken on record by the officer in charge. Sensitive information can be acted upon immediately, but the mode of electronic reporting must be determined by the agencies, such as the Crime and Criminal Tracking Network and Systems (CCTNS) portal, the police website, or officially published email IDs.

Videography Requirements

• Mandatory Videography : The BNSS mandates videography during several key police activities. Under Section 185, police must videograph searches. Section 176 requires videography of the crime scene, and Section 105 mandates videography during the search of a place or the seizure of property. These mandatory provisions are designed to ensure transparency and accountability. Any negligence in these duties may benefit the accused.
• Use of Technology : Investigating officers (IOs) must have electronic devices and proper training to carry out these videography requirements. The National Informatics Centre has developed a cloud-based mobile app, ‘eSakshya,’ for enforcement agencies. This app allows for capturing multiple photos and videos, including photographs of witnesses and selfies of IOs. Each item is geo-tagged and time-stamped to ensure data integrity. As part of the Inter-operable Criminal Justice System (ICJS), this data will be accessible to other agencies, such as the judiciary, prosecution, and cyber forensic experts.

Provisions for Arrest

• Display of Arrested Persons Information : Section 37 of the BNSS requires a police officer in every police station, not below the rank of Assistant Sub-Inspector, to maintain and prominently display information about arrested persons. This information must be displayed on boards, including digital ones, outside police stations and district control rooms. The boards must include the names, addresses, and nature of the offenses of the arrested persons.
• Arrest of Elderly and Infirm Persons : There are new restrictions on the arrest of frail, sick, or elderly persons. Under Section 35(7), permission from an officer not below the rank of Deputy Superintendent of Police (DySP) is mandatory for arresting a person charged with an offense punishable by imprisonment of less than three years if the person is infirm or over 60 years of age. The use of handcuffs is also regulated. The Supreme Court has ruled that handcuffs can only be used when there is a possibility of the person escaping from custody or causing harm to themselves or others.

Timelines for Investigations

• Medical Examination Reports : In cases of rape, the registered medical practitioner is mandated under Section 184(6) of the BNSS to forward the medical report to the IO within seven days. The IO must then forward the report to the concerned magistrate. This requires doctors to be sensitized about the new law to ensure compliance.
• POCSO Cases : The investigation of cases under the Protection of Children from Sexual Offences (POCSO) Act must be completed within two months of recording the information of the offense. Previously, this timeline was only applicable to rape cases under the Indian Penal Code (IPC).

Handling Electronic Evidence

• Chain of Custody : A new provision under Section 193(3)(h) of the BNSS requires IOs to maintain the sequence of custody for electronic devices. While maintaining a chain of custody is crucial for all seizures, it is particularly important for electronic devices due to their susceptibility to tampering. Police officers must upgrade their skills in maintaining the integrity of electronic records, and the role of cyber experts is likely to increase with these mandatory provisions.
• Informing the Progress of Investigation : Section 193(3)(h) also imposes a duty on the IO to inform the progress of the investigation to the informant or victim within 90 days. This ensures transparency and keeps the victims or informants updated on the status of the investigation.

Definition and Handling of Terrorist Acts

• Definition of Terrorist Act : Section 113 of the Bharatiya Nyaya Sanhita (BNS) introduces the definition of a ‘terrorist act.’ It places the duty on an officer not below the rank of Superintendent of Police (SP) to decide whether to register a case under this section or the Unlawful Activities (Prevention) Act (UAPA).
• Factors for Consideration : No specific guidelines are provided for this discretion, but the SP may consider several factors. These include whether the terrorist organization is notified under the UAPA, the approximate time needed to complete the investigation, the rank of the IO, the level of scrutiny required, and the danger posed by the accused person.

Conclusion

The new criminal laws bring substantial changes to police procedures, aiming to increase transparency, accountability, and efficiency in the criminal justice system. Police officers must adapt to these new provisions, ensuring proper training and use of technology to meet the new requirements. The changes in FIR registration, videography, arrest provisions, timelines for investigations, and handling of electronic evidence reflect a comprehensive effort to modernize and improve law enforcement practices in India.

Source- The Hindu