Bharatiya Nyaya Sanhita (BNS): What are the new provisions for Police Officers under BNS?

Table of Content:

• What is Bharatiya Nyaya Sanhita?
• What are the rules for registering FIRs under BNS?
• Provisions in BNSS on videography
• What will be the role of eSakshya app in this?
• What are the rules about displaying information on arrested persons?
• Provisions on arresting elderly or sick people
• What about medical examinations in crime cases?
• What about electronic evidences?
• Terrorist acts under BNS
• Conclusion

What is Bharatiya Nyaya Sanhita?

• It is the official criminal code of the Republic of India, that seeks to replace the colonial era’s Indian Penal Code (IPC).
• It came into effect on 1 July, 2024.

What are the rules for registering FIRs under BNS?

• A police officer in charge cannot refuse to register a complaint (FIR) just because it’s not in their jurisdiction.
• They must record it as a zero FIR and then pass it to the correct police station.
• The new law, Bharatiya Nagarik Suraksha Sanhita (BNSS) under BNS, states that not registering an FIR can lead to punishment.
• People can also report crimes electronically, and this report should be recorded if signed within 3 days.
• The police can start investigating sensitive cases immediately, and they can decide how to receive these electronic reports.

Provisions in BNSS on videography

• The BNSS requires the police to record videos during searches, at crime scenes, and when they take something as evidence.
• This is to avoid mistakes that could help the accused.
• Police officers will need the right equipment and training to do this.

What will be the role of eSakshya app in this?

• eSakshya is an aplication designed to help police capture and organize photos and videos during their investigations.
• It tags each photo with the location and time.
• This information will be shared with other law enforcement and legal authorities.
• It is an initiative under the Inter-operable Criminal Justice System (ICJS).

What are the rules about displaying information on arrested persons?

• Police stations must show information about arrested people, like their names and the crimes they’re accused of.
• This should be visible outside the station and must be updated by an officer of at least Assistant Sub-Inspector rank.

Provisions on arresting elderly or sick people 

• There are special rules for arresting elderly or sick people.
• An officer of Deputy Superintendent rank or higher must approve the arrest of anyone who is frail, sick, or over 60, especially if the possible sentence is less than 3 years.
• Handcuffing is only allowed in specific situations, like if there’s a risk of escape or harm.

What about medical examinations in crime cases?

• For rape cases, doctors must send their reports to the police within 7 days.
• The police will then send these reports to the court.
• There’s a 2-month deadline for investigating child abuse cases, which was earlier limited only for rape cases.

What about electronic evidences?

• Police must carefully keep track of electronic evidence as it can be easily tampered with.
• They need to be trained to handle and protect this kind of evidence.
• A new rule states that the police must update the person who reported the crime or the victim about the investigation within 90 days.

Terrorist acts under BNS 

• BNS defines what constitutes a ‘terrorist act’, and what punishment must be given for it.
• A senior police officer (Superintendent of Police or higher) decides whether to register a case under this category or under the Unlawful Activities (Prevention) Act.
• The decision shall be based on factors like the nature of the terrorist group, the expected investigation time, and the danger posed by the accused.

Conclusion

The Bharatiya Nyaya Sanhita (BNS) is the official criminal code of the Republic of India, which replaced the Indian Penal Code (IPC) as of July 1, 2024. This comprehensive legal framework introduces modernized rules and procedures aimed at enhancing the efficiency, transparency, and accountability of the criminal justice system.

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