More power to police authorities: an analysis under new criminal laws

Introduction

On July 1, 2024, India marked a historic transformation in its criminal justice system with the introduction of three pivotal legislations: The ‘Bharatiya Nyaya Sanhita’ to replace the Indian Penal Code; ‘Bharatiya Nagrik Suraksha Sanhita’ to replace Code of Criminal Procedure; ‘Bhartiya Sakshya Adhiniyam’ to replace the Indian Evidence Act. They are passed into laws to reform the existing legal systems to cope up with different issues in the modern world and to incorporate the good practices. The BNS offers a regenerated framework for criminal law whereas the BNSS optimises the criminal procedures from the procedural viewpoint; the BSA enriches the examination of evidence through including the technological and forensic segments. Altogether, these legislations concern a change for a better and progressively refined system of criminal justice in India.

Need for change

Former legal structures that followed the colonial model were inadequate to meet the demands of contemporary crime; cases piled up in investigations and trials, which eroded confidence in law enforcement and created a culture of impunity. The new laws aim to address these shortcomings by focusing on several key areas: enhanced police investigations through advanced use of forensics, compulsory taking of pictures or recording of scenes of crimes, elaborate and efficient witness protection; speedy trial, expanded and refined procedures that reduced counter-adjournments, and new creation of fast track court to deal with specific crimes; and more severe and rigorous penalties for cybercrime, assault on women and other heinous crimes.
                  

An understanding of the new laws and their amendments

The Bharatiya Nyaya Sanhita (BNS)

The BNS proposes several critical changes designed to improve the practicality and the justice of the criminal law system: They broaden the concept of crime to encapsulate new suggestible crimes in better detail as distinguished from the IPC; for instance, while both Sections of the law address the crime of stalking, the extended Section offers a much more elaborate definition of cyberstalking as a crime than the IPC’s Section 509. The BNS also retains provisions that prescribe minimum mandatory sentences for heinous crimes including rape (Section 301) to foster stern measures on the discouragement aspect. Furthermore, it is also centered on victims' rights where it even has a specific Section 352 that treats the provision of victim support services such as counseling, legal assistance, aid, and other witness protection programs to ensure that the victim has been treated with utmost care since they have been affected by crime.

The Bharatiya Nagrik Suraksha Sanhita (BNSS)

The BNSS brings in several significant provisions to enhance the working of the criminal justice system, which is perceived as more effective and efficient. One of them is Section 154 referred to as “Zero FIR” where the concept in the CrPC is further enhanced empowering the victim to report at any police station as per his or her choice which makes the process fast and efficient in terms of first-reporting and initial probe. Further, Section 154A of the BNSS also provides a provision for, the registration of FIR through the internet which can help people in far-off places or those who find it hard to come to the police station physically. In addition, in cases that entail serious offenses, Section 165A requires the taking of crime scene video recording, which aids in securing possible crucial evidence that may be used by the prosecution to support its case.

The Bhartiya Sakshya Adhiniyam (BSA)

• Electronic Evidence Admissibility
  Section 65A of BSA capacious out of the purview of admissible evidence by bringing the digital records comprising digital footprints, recordings, etc. into evidentiary law. This is important particularly in the prosecution of cybercrimes to strengthen legal measures against the crimes.
  
  
• Forensic Science Integration
  Section 66 adopted by the BSA advances the use of forensic science as part of investigations. This can lead to increased collection and presentation of accurate and objective evidence.
  
  

The Double-Edged Sword: Power to the Police

The BNSS introduced some alterations regarding the police powers and associated processes:

Split Police Custody

In its initial period (60 or 90 days depending on the type of the offense), police custody remains 15 days but is split up to a maximum of 2 months (60 days). This means that if the police arrest you and release you for some reason, they can again arrest you for questioning or further investigation.

Detention and Immunity

The police are authorized to arrest those who are defying or have no regard for the law and take them to a Magistrate within 24 hours of arrest or release for minor offenses. Also, the BNSS affords some protection to the police for breaking up an unlawful assembly when pre-conducted under the directive of an executive magistrate. In the above cases, they cannot be prosecuted without the government's approval and therefore can be referred to as politicized.

Arrests

Arrest without Warrant

The BNSS continues to preserve the features of arrest without warrant for cases of offenses that are cognizable (serious crimes). But it can change in a given circumstances. It is recommended that one consult a lawyer to get the latest on the interpretations of these laws.

Use of Handcuffs

In comparison with the previous rulings, the BNSS gives the police the possibility to handcuff a larger number of suspects. This involves suspects in sophisticated criminal activities, persons who scream or fight the police, or any other person who is deemed dangerous to himself or others.

Private Arrests

The BNSS has elaborated the procedures that govern the arrest of a private citizen. If a citizen apprehends any offender, he has to transfer them to the police within 6 hours in cases of specific criminal acts such as murder, rape, and treason.

Investigation

Forensic Focus

The BNSS requires the delivery of forensic investigation when addressing serious offenses (those responsive to a tariff of more than seven years. This enhances the collection of evidence and is hoped to enhance the conviction rates.

Police Accountability

Magistrate Oversight

It is formidable the role of the magistrates in cases of approving detentions and police actions according to the BNSS. Superintending officers can also be selected from senior police officers in some cases in specific areas of operation.

Electronic Records

The BNSS supports the use of electronic records of investigations and trials. This can enhance the realm of transparency as well as effectiveness but is significant in the downside of the drawbacks of private information.

Detention and Custody

24-hour Production

One of the conflicts, the BNSS maintains social power relations that demand a detained person to be taken before a magistrate within 24 hours. While these amendments empower the police for more efficient investigations, concerns regarding potential misuse of these powers arise:

While these amendments empower the police for more efficient investigations, concerns regarding potential misuse of these powers arise

Balancing Act

New powers of questioning and data collection found in Sections 91 and 92 of BNSS are rather risky if the measures to protect privacy rights are not strict enough; thus, new measures such as judicial review and data retention policy are essential.

Training and Resources

 Just like with people, the effective implementation of the guidelines depends on the proper training of the police personnel on how to deal with evidence, the rights of the individuals, and the proper use of technology.

Accountability and Transparency

From the foregoing, it is clear that police integrity requires public trust hence the need to practice police accountability. Accountability measures from the community and other third parties are critical.

Critical analysis

The Bharatiya Nagrik Suraksha Sanhita (BNSS) brings certain new provisions that bolster police powers enormously and have positive and critical consequences. On the positive side, these reforms can mean better and more efficient investigation because the existence of the system of police custody enables the time of questioning and the gathering of evidence for a period up to 60 days. The introduction of these new criminal laws brought out questions of concern with enhanced powers to the police. Advocates praise the reforms saying measures such as forensic analysis having become compulsory, filing of FIR online have eased investigations. Nonetheless, critics see drawbacks and specifically, the possibility of abuse when police custody lasts longer. These concerns are rather realistic. Extended detentions lasting 15-60 days under the BNSS, reintroduces elements of forced confessions, as well as prisoner abuse, which undermines the fundamental tenets of the right to a fair trial through a quality and voluntary-defense. In these ways, BNSS enhances the protection of victims, especially of honor killings and caste crimes, but, because the police contain a capacity to becoming an arrogant power in its own right, firm checks and balances should be put in place. For these reforms to work effectively there is the need to have a layered effort. Increased police training in investigative procedures and constitutional rights should go hand in hand with the creation of strong and independent complaints authorities to guarantee proper usage of these new powers. Then only a balance could be achieved for an effective investigation of the cases and protection of civil liberties in India.

The Potential Impacts: An Examination of Two Views

Positive Impacts

• Improved Investigation Efficiency
  Increased use of better equipment and a quicker rate of investigation are likely to translate to increased convictions, hence reducing the incidence of crime and a safer society.
  
  
• Victim Empowerment
  The definition of the program focus related to victim support services may increase the quality of experience for individuals who have become crime victims and their needs must be met throughout the entire legal process.
  
  
• Stronger Deterrence
  New policies to deliver harsher penalties for severe crime may reduce the number of individuals who may turn into criminals thus enhancing safety among the populace.
  
  

Negative Impacts

• Potential for Misuse of Police Power
  Outputs that result in greater authority to conduct interrogations and gather information, if correlated with no effective preventive measures, imply threats of harassment, intimidation, and abuse of the rights of individuals.
  
  
• Privacy Concerns
  There should also be well-stated policies on how long data is to be retained since information collected during investigations may also be abused.
  
  
• Resource Constraints
  Implementation must therefore be accompanied by enough funds for training trainers, information technology acquisitions, and forensic institutions.
  
  

Effect on Existing Cases

Most of the fresh laws are not retrospective, which implies they only apply to offenses that are committed after the enactment date (July 1, 2024). However, there are some nuances:

• Ongoing Cases Proceeding to the new laws the courts will decide how they can be implemented or even implemented in the cases under trial presently. This may lead to delay and often the legal consequences arising from certain specific amendments may need to be sought.
• Unregistered Crimes Some of the crimes that may experience improvement due to the enactment may include crimes not previously reported before the passing of the may include; FIR registration done through a website or online and services to be provided to the victims.
  
  

Conclusion

It is seen that the new criminal laws of India are a major modernization of the justice system with the general goals of implementing an efficient criminal justice delivery system through the facilitation of speedy justice through speedy working and quick investigation. As much as enhanced police capacity enhances the ability to investigate cases and apprehend offenders – and enhance the chances of convictions – it brings with it the possibility of violating personal rights. The effectiveness of such measures is not the issue here; the real question is their practical application. To avoid compromising the latter and turning these new authorities into oppressive structures, it is necessary to work on the proper training of police and the creation of efficient supervision and control systems. To maintain the effectiveness of the new laws toward correction of deviant behaviors and achievement of the intended goals the system needs to be monitored constantly and any changes need to be implemented.