Context:
In 2024, India replaced its colonial-era criminal laws with three new legislations — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). One year into their implementation, the focus has shifted from legislative intent to ground-level execution, highlighting both technological innovations and institutional challenges in policing and justice delivery.
Key Highlights:
Legislative Transition:
- IPC → BNS, CrPC → BNSS, Indian Evidence Act → BSA (effective 2024).
- Aim: Decolonisation of criminal law, faster justice delivery, and integration of technology-driven processes.
Digital Policing & Evidence Collection:
- Majority of FIRs registered digitally through CCTNS, easing adaptation to new laws.
- e-Sakshya mobile application, developed by NIC in consultation with MHA, enables:
- Real-time photo/video capture of crime scenes
- Geo-tagging and timestamping
- Secure upload to National Government Cloud (NGC) under Sakshya Lockers
Legal Backing under BNSS:
- e-Sakshya supports six BNSS provisions related to search, seizure, witness recording, and custody of property.
- Section 176 BNSS mandates forensic expert presence at crime scenes, improving investigation quality.
Institutional Capacity Building:
- Expansion of forensic infrastructure through institutions like National Forensic Sciences University (NFSU), Raipur.
Operational Challenges:
- Courts lack direct ICJS integration, forcing IOs to rely on pen drives, causing duplication and added costs.
- Device constraints:
- e-Sakshya supports only Android 10+ with 1 GB free storage.
- Many police stations have only one tablet, pushing IOs to use personal phones.
- Offline usability issues: limited SID creation (max 5) and 4-minute cap per video.
- Reluctance of accused during electronic recording persists, though expected to reduce over time.
Relevant Prelims Points:
- Issue: Implementation of new criminal laws and tech-enabled policing.
- Causes:
- Need to replace colonial legal frameworks.
- Demand for transparent, accountable, and efficient criminal justice system.
- Government Initiatives:
- BNS, BNSS, BSA (2024)
- CCTNS for FIR registration
- ICJS for system-wide integration
- e-Sakshya App for digital evidence
- Benefits:
- Tamper-proof digital evidence using SHA-256 hash values.
- Reduced scope for evidence manipulation.
- Improved forensic-led investigations.
- Challenges & Impact:
- Inadequate digital infrastructure.
- Delay in post-mortem reports, affecting rape and homicide cases.
- Ambiguity in petty offence definitions under Sections 303(1) & 112 BNS.
- Cybercrime probes hampered as many state forensic labs are not notified under the IT Act.
Relevant Mains Points:
- Key Provisions & Concepts:
- Section 176 BNSS: Mandatory forensic expert at crime scenes.
- Section 530 BNSS: Video conferencing for witness examination (underutilised).
- Hashing (SHA-256): Ensures integrity of electronic evidence.
- Digital Chain of Custody: Continuous digital tracking of evidence.
- Governance and Polity Linkages:
- Reflects shift towards technology-enabled rule of law.
- Highlights need for judicial readiness alongside police reforms.
- Challenges in Implementation:
- Fragmented coordination among police, judiciary, forensics, health, and IT sectors.
- Digital divide within policing infrastructure.
- Way Forward:
- Direct ICJS access for courts to eliminate redundancy.
- Provision of adequate devices and wider OS compatibility for IOs.
- Notification of state cyber forensic labs under the IT Act.
- Regular feedback loops from IOs and stakeholders.
- Capacity building and sensitisation of police and public on tech-driven justice processes.