New rules for police officers under the Bharatiya Nagarik Suraksha Sanhita (BNSS)

Source: The post new rules for police officers under the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been created, based on the article “What are new provisions for police officers?” published in “The Hindu” on 9th July 2024

UPSC Syllabus Topic: GS Paper2- Governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article explains new criminal laws effective from July 1. It details rules for FIR registration, mandatory videography during searches, provisions for arrest, timelines for investigations, and the responsibilities of police officers under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

For detailed information on Bharatiya Nagarik Suraksha Sanhita (BNSS) read this article here

What are the new rules for police officers under the Bharatiya Nagarik Suraksha Sanhita (BNSS)?

1. Zero FIR Registration: Police officers must register an FIR regardless of jurisdiction issues under Section 173 of the BNSS. This ensures that no complaint is turned away due to territorial concerns. If the incident occurred outside their jurisdiction, they are required to transfer the FIR to the appropriate station.
2. Electronic Submission: FIRs can now be filed electronically through platforms like the CCTNS portal, police websites, or official email addresses. This must be signed by the complainant within three days to be officially recorded.
3. Mandatory Videography: Sections 185, 176, and 105 of the BNSS mandate videography for searches, crime scenes, and seizures. This is to preserve evidence integrity and support transparent proceedings. Officers are equipped with electronic devices for this purpose, using apps like ‘eSakshya’ which tags and timestamps images and videos.
4. Display of Arrest Information: Information about arrested individuals must be displayed at police stations as per Section 37. This includes names, addresses, and details of the alleged offences, enhancing transparency.
5. Restrictions on Arrests: Under Section 35(7), elderly or infirm individuals cannot be arrested for offenses punishable by less than three years without permission from an officer of Deputy Superintendent rank or higher.
6. Timelines and Reporting: The medical report in a rape case must be submitted within seven days. POCSO case investigations must finish in two months. Police must update the informant or victim about investigation progress within 90 days.
7. Special Provisions for Electronic Evidence: There is a focus on maintaining a chain of custody for electronic evidence to prevent tampering, emphasizing the role of cyber experts in safeguarding digital data.
8. Defining a Terrorist Act: A new rule under Section 113 defines ‘terrorist acts’ and assigns the duty to officers of SP rank or higher to decide on registering such cases, considering several factors like the severity of the threat and the level of investigation needed.

Question for practice:

Discuss the new rules for police officers under the Bharatiya Nagarik Suraksha Sanhita (BNSS), including provisions for FIR registration, videography, arrest restrictions, timelines for investigations, and handling of electronic evidence.