| Introduction: Contextual Introduction Body: What are the key provisions of BNSS concerning FIR and its implications for policing? Conclusion: Way forward |
The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaces the outdated Code of Criminal Procedure, 1973 (CrPC) with a modernized framework aimed at addressing contemporary legal challenges.
Key Provisions on FIR Registration
- Mandatory Registration Regardless of Jurisdiction: Police must register FIRs regardless of jurisdiction, known as zero FIR, and transfer the case to the appropriate station. This ensures that citizens are not turned away when attempting to file a complaint and can improve access to justice
- Electronic Means for FIR Registration: FIRs can be filed orally, in writing, or electronically, and must be signed within three days. The inclusion of electronic means facilitates easier and more accessible reporting, especially in remote areas, and can lead to faster processing of complaints.
- Penal Action for Non-Registration: Non-registration of FIRs can attract penal action under various sections. This provision aims to hold police officers accountable, reducing the likelihood of arbitrary refusals to register complaints.
Implications
- Increased Accountability and Transparency: Online and zero FIR provisions ensure that complaints are documented and traceable, reducing the scope for police misconduct. Penal consequences for non-registration create a deterrent against negligence and corruption.
- Enhanced Access to Justice: Allowing electronic FIRs makes the process more inclusive, especially for individuals in remote areas or those who cannot visit police stations in person. Time-bound registration and electronic submissions can expedite the initiation of investigations, leading to swifter justice.
- Data-Driven Policing: Online registration enables real-time data collection, facilitating better resource allocation and strategic planning by law enforcement.
Conclusion
The BNSS provisions on FIR registration represent significant reforms aimed at enhancing transparency, accountability, and accessibility within the Indian policing system. By mandating registration regardless of jurisdiction and allowing electronic submissions, these provisions seek to improve citizens’ access to justice and streamline the complaint process. However, successful implementation requires addressing challenges related to the digital divide, training, and resource allocation. Ensuring legal compliance and ethical conduct is crucial for maintaining public trust and achieving equitable justice outcomes.
