Published on: July 1, 2024

NEW CRIMINAL CODES

NEW CRIMINAL CODES

NEWS – Three new criminal codes will come into force

HIGHLIGHTS

Replacement of Old Laws:

  • Indian Penal Code (IPC) → Bharatiya Nyaya Sanhita (BNS)
  • Criminal Procedure Code (CrPC) → Bharatiya Nagarik Suraksha Sanhita (BNSS)
  • Indian Evidence Act → Bharatiya Sakshya Adhiniyam (BSA)

Transition Period: Cases registered till June 30 will follow old laws, while those from July 1 will follow new laws.

Dual Procedures

  • Evidence Collection: Police need to adhere to both old and new procedures based on the date of case registration.
  • Panchnama Process: Requires detailed videographing and documentation in presence of witnesses (panchas).

Challenges for Police – Dealing with Both Laws

  • Mixed Procedures: Handling cases with both old and new laws is complex.
  • Investigator Familiarity: Transition period requires police to be adept in both sets of laws.

Interpretation Variability

  • Court Expectations: Different interpretations by magistrates.
  • Training and Adaptation: Time needed for investigators to familiarize with new legal requirements.

Procedural Compliance

  • New Procedures: Adhering strictly to new protocols is critical.
  • Defense Loopholes: Missing mandated procedures can weaken cases.

Panchnama and Evidence Collection

  • Comprehensive Process: Extensive panchnama and evidence collection.
  • Videographing: Entire process needs to be recorded digitally.
  • Digital Records: Maintaining and submitting digital records to court.

Concerns

  • Device Integrity: Risk of corrupted digital records in high-profile cases.
  • Cumbersome Process: Continuous videographing is labor-intensive.
  • Budget Constraints: Financial challenges in implementing new procedures.

Training Programs

  • Focused Training: Intensive training for police over four months.
  • Phase-wise Training: Senior officers trained first, followed by master trainers for others.

Implementation

  • Online Training: Programs for all ranks from constable to SP.
  • Weekly Roll Call: Regular training sessions.
  • Awareness Boards: Major changes displayed at police stations.