After 150 Years, BNS Will Replace IPC
Hyderabad: Nearly 150 years after the British codified criminal laws for its territories in India, the country will discard colonial hangover by switching over to a new set of laws — Bharatiya Nyaya Sanhita (BNS) — from Monday or July 1. The BNS will replace IPC — the Indian Penal Code.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) will replace a set of laws codified through the Criminal Procedure Code (CrPC), while the Bharatiya Sakshya Adhinyam (BSA) will replace the Indian Evidence Act.
On the eve of the day of the momentous changeover, Director-General of Police (DGP) Ravi Gupta told Deccan Chronicle that the was prepared to implement the new laws. “Our officials have been trained,” he said.
We are sure that the new laws would encourage more transparent investigation and judicial inquiry using the modern technology that has been recently provided by Chief Minister A Revanth Reddy after a review meeting with the state-level police officers, Ravi Gupta said.
Elaborating on the new laws, the DGP said the main aim behind implementing the new laws is to give more powers to the investigation agencies to detect cases, investigate them and to raise conviction rate in NDPS cases, which is very low in Telangana when compared to other states, police sources disclosed.
The state police on Saturday released a new app and a hard copy of new BNS laws.
The new laws have several features
Custody: Deadline for taking the accused into police custody under the IPC was 14 days of arrest. Under the BNS, it will be up to 40 days. In cases where investigation is to be completed, the deadline of 60 days has been extended to 90.
Evidence: Now, the investigating officer must consult with forensic experts to collect evidence in offences that entail more than seven years of imprisonment.
FIR and investigation: The First Information Report (FIR) should be registered within 24 hours of receiving the complaint in cases which are punishable with an imprisonment between three and seven years. The IO should complete the investigation within two weeks.
Economic offences: Investigation agencies have been given power to confiscate both movable and immovable assets of the accused and produce them as exhibits during prosecution..
Minors and women: Crimes against minors and women should be investigated within two months. The police should record the victim’s statement before a female magistrate. If a female magistrate is not available, victim should be produced before a male magistrate in the presence of a female police officer. Statements should be recorded in both audio and video for prosecution.
Pocso Act cases: Statements of the victims can be recorded by any female government official other than the police. Adjournments limited to two. Victims must be kept informed of the developments.
Digital locker: All statements of witnesses and audio-video evidence should be stored in a digital locker to share data with other state police via the Crime and Criminal Tracking Network System (CCTNS).
Video recording: Police must videotape raids, arrests and searches; reports should be submitted to the court within 48 hours.
Digital complaint: Victim can file complaints through electronic communication without going to the police station. The police should take the signatures of the complainants within three days of the complaint. If the victims are women, disabled, chronically-ill, children below 15 years and above 60 years, they need not go to the police station and the IO should send their officers to record their statements.
Digital summons: Summons would be digital through Whatsapp or other apps.
Remote deposition: Evidence can be given through video conference in the presence of a gazetted officer in the locality.
Transparency: In case of an arrest, the police should share the arrest information with their friends, family members and relatives. Police must provide FIR copies free to the victim and the accused. Police report, chargesheet, statements and other documents can be obtained within two weeks.