New Provisions for Police Officers

New Provisions for Police Officers

Context: The Bureau of Police Research and Development (BPRD) has issued Standard Operating Procedures to guide police officers implementing the new provisions under new criminal laws.

First Information Report (FIR) Registration

• Police stations cannot deny FIR registration due to jurisdictional disputes. They must register a zero FIR and transfer it to the appropriate station (Section 173 of the BNSS).
• FIRs can be filed orally, in writing, or electronically. Electronic FIRs must be signed by the complainant within three days. The e filing mode will be
determined by agencies like CCTNS or police websites.
• A Zero FIR is a special type that can be filed at any police station, regardless of jurisdiction. 

Mandatory Videography

• The BNSS mandates videography in several scenarios:
• During police searches (Section 185)
• At crime scenes (Section 176)
• When searching for a place or taking possession of property (Section 105)
• The failure to comply with these provisions may benefit the accused.
• The National Informatics Centre has developed a cloud based mobile app called eSakshya to assist enforcement agencies in capturing and geo tagging photos and videos.

Provisions on Arrest

• Police stations must prominently display information (physically and digitally) about arrested individuals, including names, addresses, and offences (Section 37 of the BNSS).
• Section 35(7) of the BNSS introduces restrictions on arresting frail, sick, or elderly persons charged with offences punishable by less than three years imprisonment.
• Permission from a Deputy Superintendent of Police or above is required to arrest someone infirm, elderly, or charged with a minor offence punishable by less than 3 years imprisonment (Section 35(7)).
• Handcuffs can only be used if there a risk of escape or harm to oneself or others (as per SC guidelines).

Investigation Timelines

• The BNSS introduces new timelines for investigations:
• Medical reports in rape cases must be forwarded to the Investigating Officer (IO) within seven days.
• POCSO case investigations must be completed within two months.
• IOs must inform the informant or victim about the progress of the investigation within 90 days.

Electronic Evidence

• Section 193(3)(h) emphasizes maintaining a clear chain of custody for electronic devices seized as evidence, as they are vulnerable to tampering.

Terrorism Cases

• Section 113 of the Bharatiya Nyaya Sanhita (BNS) defines a terrorist act.
• It empowers officers not below the rank of Superintendent of Police (SP) to decide whether to register a case under this section or the Unlawful Activities (Prevention) Act (UAPA).
• While specific guidelines are not provided, SPs may consider factors such as:
• Whether the terrorist organisation is notified under the UAPA
• Estimated time needed to complete the investigation
• The rank of the IO and the level of scrutiny required
• The perceived danger posed by the accused

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