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One year on, how three new laws transformed legal system
According to data from the MHA, police departments have registered a total of 35,18,544 (3.5 million) FIRs under BNS between July 1 last year till June 25
On July 17, 2024, three people , Tarkeshwar Singh (55), an exorcist, and his two minor daughters Chandani (16) and Vibha (15) , were stabbed to death in their sleep by Sudhanshu Kumar and his accomplice, Ankit, in Bihar’s Saran. Within an hour, the police arrested the two accused and recovered the knife used . Forensic experts collected 18 exhibits including DNA, blood and biological samples from the spot. A charge sheet was filed within 14 days and trial was completed in 50 days, with the court sentencing the duo to life imprisonment on September 5.
It was the first ever conviction under the new implemented Bharatiya Nyaya Sanhita (BNS) that turns one on Tuesday, July 1.
The new criminal laws , BNS, Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharitaya Saksha Adhiniyam (BSA) , replaced the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act, the British-era laws that formed the basis of the criminal justice system in India /for over 150 years.
According to data from the ministry of home affairs (MHA) , police departments have registered a total of 35,18,544 (3.5 million) first information reports (FIRs) under BNS between July 1 last year till June 25. To be sure, some states and union territories including Himachal Pradesh, Jharkhand, Karnataka, Kerala, Punjab, Telangana, Daman and Diu, Dadra and Nagar Haveli have not shared the data of cases filed by them with MHA.
In comparison, 35,61,279 (3.5 million) and 36,63,630 (3.6 million) FIRs were filed across the country in 2022 and 2021, respectively, according to the National Crime Records Bureau (NCRB) data. The Bureau has not yet released 2023 and 2024 statistics.
The government has hailed the new laws as the biggest justice-focused reform in the history of India. Some of the key changes in the new laws are the ability to file a complaint anywhere, online registration of such complaints, the issue of summons through electronic modes such as SMS, mandatory videography of crime scenes for all heinous crimes, and 20 years of punishment in gang rape cases (a possible death penalty if the victim is below 12 years of age). The laws recognise new crimes such as mob lynching and allow trial in absentia of fugitive criminals. They also repeal archaic provisions such as homosexuality, adultery, attempt to commit suicide and sedition .
MHA data suggests that out of total 20.93 lakh (2.09 million) police officers in all states/UTs in the country, 8,61,040 have already been trained in the new laws between July 1, 2024 and June 25. Besides, 43,086 prison officers, 10,753 prosecution officers, 2,430 forensic experts, and 11,735 judicial officers have been trained through various modules and sessions in the states and developed or arranged by the Bureau of Police Research and Development (BPR&D) and NCRB.
Since the news laws focus heavily on collection of forensic evidence, the state forensic science laboratories (FSLs) across the country have hired 2,649 forensic professionals on contract. The total sanctioned strength of the scientific manpower of the states’ FSLs is 10,565 of which 4,734 positions have been filled.
An officer in the home ministry said that the Centre has provided assistance to the states/UTs in past one year for upgrading their forensic capabilities through various schemes such as Nirbhaya fund for strengthening of DNA analysis in state FSLs . The scheme has a total cost of ₹245.29 crore, out of which funds worth ₹190.87 crore have been already assigned.
For modernisation and upgradation of FSLs in 24 states/UTs, ₹215.66 crore has been allocated, out of which , ₹68.97 has been assigned. And a scheme for the purchase of 536 mobile forensic vans for 28 states/UTs at a total cost of ₹344.098 crore has been approved, out of which ₹121.23 crore has been allocated so far, the officer said.
A second officer in the ministry said capacity has been increased in the last one year for storing electronic evidence, as collecting such evidence is mandatory now in the law. “For now, digilocker is being utilized for this purpose and its sustainability in future is being examined by NCRB and NIC (National Informatics Centre). As many as 11 states and UTs have also notified e-Sakshya rules,” added this person.
According to the Chandigarh police -- the first force to implement the entire process right from filing FIRs, storing video/audio evidence in servers, to submitting e- chargesheets -- a total of 3130 FIRs under the BNS were filed ( until June 26). And at least 71 convictions were achieved out of 78 decided cases filed under the news laws resulting in a conviction rate of 91.1%.
Prime Minister Narendra Modi, on December 3, met officers of the Chandigarh police and reviewed the entire process. And over the past year, police forces from across the country have visited Chandigarh to see how the UT’s police is implementing the new laws.
Chandigarh police’s SSP Kanwardeep Kaur, said in one notable case of snatching, two men were convicted in a record 19 days. “In this case two men were arrested on November 13 and November 17, 2024. Digital evidence was collected and stored via e-Sakshya: secured cloud storage with HASH value, metadata, and geo-tagging. The charge sheet was sent via e-prosecution app on November 21, 2024 and the charges were framed on November 28, 2024. The evidence from 11 witnesses was recorded on November 30, 2024 and the two were convicted on December 1, 2024. The entire process happened virtually and was secure. There was no requirement for our officers to travel to courts or for the accused to be brought to courts. The new process helps deliver justice to the victims swiftly and efficiently,” Kaur added.
“We also use QR codes for property and messenger details to ensure chain of custody. All apps are connected to each other. For example, e Sakshya, where evidence is stored, is immediately available to the courts.” she added.
MHA selected Chandigarh as the first force to completely implement the whole process. While all FIRs are registered under the new laws, not all forces have been able to follow the entire judicial process because of gaps in infrastructure.
Advocate Grace Chiinhoihniang, President of the Churachandpur District Bar Association, said that while the new laws were helpful, addressing infrastructure gaps should be a priority for the government.
“In Tier 1 cities and metros, the infrastructure is available for a quicker justice delivery process. In a place like Churachandpur (in Manipur) , it will take years to build the required infrastructure.”
Like Chandigarh police, almost all states are regularly updating their manuals, standard operating procedures, circulars, etc to inform the cops, prosecutors, judicial officers and others associated with the policing work about the changes in the new laws. Officials, however, admitted that achieving 100% implementation of the three new codes and creation of technical capabilities in all the states might take at least one or two more years.
