It will be a year since the three criminal laws which replaced the British-era enacted laws came into effect. Last year, the central government replaced the Indian Penal Code with the Bharatiya Nyaya Sanhita (BNS), the Code of Criminal Procedure (CrPC) with the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Indian Evidence Act, 1872 with the Bharatiya Sakshya Adhiniyam (BSA). Policemen are gradually getting used to the new provisions. As most first information reports (FIRs) are registered through the Crime and Criminal Tracking Network and Systems (CCTNS), which is one of the pillars of the Inter-operable Criminal Justice System (ICJS), a smooth transition from the previous provisions of the laws to the new ones has been essential for the implementation of the new laws at the police station level. FIRs registered at zero are being routed to the police station of their jurisdiction through the CCTNS, albeit only within a State. The credit for this milestone goes to the Ministry of Home Affairs (MHA).
A significant development in policing has been the implementation of the ‘e-Sakshya’, which is a mobile application to collect and preserve evidence in real time. This app has been developed by the National Informatics Centre (NIC) in consultation with the MHA. The NIC is also the nodal agency for the implementation of the ICJS, which connects police (through the CCTNS) with the other pillars, namely, forensic science laboratories (FSLs), prosecution, jails and courts. While the transition to the new provisions of law is a mechanical exercise, it is the ‘e-Sakshya’ which is making a big difference on the ground. Feedback from the investigating officers (IOs) who are at the helm in implementing the new laws is important.
Mandatory recording of pictures and videos
The BNSS makes it mandatory for the IO to record certain processes using audio-video electronic means. Under some provisions, the use of such electronic means is optional. The ‘e-Sakshya’ app caters to six provisions of the law which include the recording of search and seizure through audio-video electronic means (a new provision under Section 105 of the BNSS), search by a police officer (under Section 185 of the BNSS), videography of the scene of crime (under Section 176 of the BNSS), recording of a statement (under Section 173 of the BNSS), recording of a statement (under Section 180 of the BNSS) and order of custody and disposal of property pending trial in some cases (under Section 497 of the BNSS).
Though the trial of the most heinous offences registered under the BNS is yet to be completed in order to review the overall impact of ‘e-Sakshya’ on conviction, IOs are glad to be able to use it to capture pictures and videos on the spot, with geo-coordinates and a time stamp. For the public, this has enhanced visibility of the entire process of search and seizure. IOs are hopeful that witnesses (captured in photos and videos) cannot deny their presence at the scene of crime. Further, IOs cannot even (unofficially) depute their subordinates to carry out an investigation in their name. The provision of capturing a ‘selfie’ by the IO has been a deterrent and is likely to improve the overall quality of an investigation.
Similarly, the mandatory visit of an FSL expert to the scene of crime (Section 176 of the BNSS) is proving beneficial to the police. While the forensic infrastructure has not changed much in the last year, the IO now ensures that the scene of crime is mandatorily inspected by an FSL expert. There is also the use of a police dog at the scene of crime, which is useful in tracking suspects. The move to have a Central Forensic Science Laboratory (CFSL) and National Forensic Science University (NFSU) in Raipur, Chhattisgarh, which was announced by the Union Home Minister, Amit Shah, is a step that will help strengthen the forensic infrastructure.
The impediments
However, more still needs to be done. While pictures and videos captured using ‘e-Sakshya’ are stored in the National Government Cloud (NGC) through ‘Sakshya lockers’, courts are yet to start directly accessing such pictures and videos through the ICJS. Many IOs make a copy through the CCTNS (which is linked to the NGC) and submit a pen drive or a similar electronic device in court, along with the final report of the case. While the integrity of evidence is not questionable in this process, the duplication of work and unnecessary expenditure incurred in the procurement of pen-drives needs to be checked. Moreover, IOs use their personal mobile phones to capture pictures and videos. Those who did have an android phone have had to buy a new mobile because the ‘e-Sakshya’ can only be downloaded in mobile phones with Android version 10 and a minimum storage space of 1 GB. Some police stations have been given one tablet only, which is clearly not sufficient as each police station has more than one IO.
While each video could be of a duration of four minutes (maximum), there is no limit on the number of videos that can be taken. In case of a linked FIR, there is no provision to delete a picture or video that has not been recorded well. However, if an FIR is not linked, any picture or video can be deleted and recaptured. However, a maximum of five Sakshya IDs (SIDs) could be generated in the off-line (FIR not linked) mode. In such cases, the pictures and the videos need to be uploaded whenever the IO reaches a network area in order to make space to capture additional pictures and videos with a fresh SID.
There are examples of accused persons being reluctant to be captured electronically when pointing out the spot where murder weapons have been hidden or when producing prohibited drugs. However, ‘e-Sakshya’ could prove to be a game-changing tool in improving investigations and ensuring convictions.
Though ‘e-Sakshya’ has a provision to automatically generate a hash value (using SHA256 function) and mandatory certificate (to authenticate the secondary electronic evidence), cyber-crimes which involve the seizure of electronic evidence need an expert who could offer a definite opinion and depose in a court of law. Therefore, State labs (including the one in Chhattisgarh) which are yet to be notified under the IT Act, need to get their cyber forensic laboratories soon.
While small thefts (of a value less than ₹5000) are not being registered as a cognisable offence under the ambiguous proviso to sub-section (1) of Section 303 of the BNS, petty organised offences under Section 112 of the BNS are registered (for some offences such as gambling) despite the definition being open ended and vague.
The new Section 530 of the BNSS provides for the recording of evidence and examination of witnesses (including an IO) through video conferencing, but such a practice has not yet become the norm. Similarly, while IOs seem satisfied with the implementation of the seven-day limit under Section 184 of the BNSS for forwarding the medical examination report of a rape survivor by a medical practitioner to the police, their major grievance of getting the post mortem report in time has not be resolved. The MedLEaPR (Medico Legal Examination and Post Mortem Reports System), which is a web-based application developed by the NIC Haryana is under testing in Chhattisgarh. This will enable the health department to create and forward medical examination reports and post-mortem reports more quickly to the police through CCTNS.
Need for feedback
Since all States and Union Territories are implementing the new laws, there is a need for feedback to review ease of implementation and carry out changes to minimise the practical problems that IOs face and also overcome the legal obstacles in courts. In addition, more resources need to be allocated for forensics and information and communication technologies. This will ensure that IOs do not have to use their personal gadgets for official processes and that each district has a separate mobile FSL unit.
R.K. Vij is a former Indian Police Service (IPS) officer
Published – June 30, 2025 12:16 am IST