India gained independence in spirit more than 75 years ago but the essence of a colonial hangover looms till date. Reforms of criminal laws is not just a change in the names , but signalling another independence - from the British drafted , imposed laws to the ones that we , the people make for ourselves in the rapidly changing modern India, that is Bharat.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), enacted on December 25, 2023, marks a pivotal moment in India's legal landscape. It signifies a substantial revamp of India's criminal laws, with an emphasis on expediting justice, modernizing procedures, and addressing longstanding challenges within the legal system. Delving into the nuanced effect of BNSS on law enforcement agencies and providing an in-depth assessment of the fundamental modifications introduced and their multifaceted implications is vital.

The paradigm shifts in BNSS regarding First Information Reports (FIRs) are profound. The provision allowing FIR registration through electronic communication not only rationalizes and streamlines the reporting procedure but also necessitates law enforcement agencies to integrate technology impeccably. The induction of preliminary inquiries for specific offenses requires meticulous case assessment within a tight timeframe. Law enforcement agencies must now balance out the need for expeditious proceedings with thorough and judicious investigations.

The “Zero FIR” concept in Section 173(1) is a much-needed legislative clarity - whereby police stations have to register FIRs even though the case is not under their jurisdiction, and can then transfer the same accordingly.

1. FIRs can now be registered through electronic communication and signed within three days.
2. Introduction of a preliminary inquiry for cognizable offenses with imprisonment of three to seven years, completed within 14 days.
3. Mandatory registration of FIR, irrespective of jurisdiction (Zero FIR), followed by transfer to the appropriate police station.

Section 107 of BNSS bequeaths magistrates with increased powers for the attachment and forfeiture of properties which are deemed as 'proceeds of crime.' While empowering law enforcement agencies to battle financial crime, this Section mandates a heightened level of synchronization and responsibility. The engagement of the District Magistrate in property distribution places an additional administrative burden on law enforcement, compelling a thorough understanding of the legal intricacies.

BNSS introduces stringent timelines for various legal proceedings, highlighting the necessity for expeditious resolution. The onus falls on law enforcement agencies to meticulously oversee cases within these specific periods. The task lies in adjusting resource allocation, coordinating with other entities in the criminal justice system, and preserving the quality of investigations even with the fast-tracked pace.

The new law mandates police to provide police reports and other documents to the victim, and they ought to inform the victim about the progress of the investigation within 90 days of lodging the complaint. This is a significant change that the officers need to cope up with, cooperate and uphold the spirit of the law.

The amendments in arrest obligations under BNSS, markedly the broader notification rights of arrestees and the duty to inform relatives during the arrest of women, indicate a variation from traditional practices, new handcuffing guidelines for various kinds of offences, keeping economic offences out of it, are major procedural changes that the police need to cope up with. Law enforcement agencies must traverse these changes while acknowledging individual rights and privacy. Operational communication strategies, along with sensitivity training, become necessary to guarantee conformity with these provisions.

The integration of electronic communication and audio-video means into legal procedures signifies a seismic shift. While promising efficiency and accessibility, this alteration requires law enforcement agencies to undergo extensive education and spend capital on cutting-edge technology infrastructure. Safe execution of electronic communication, recording statements, and conducting proceedings in electronic mode needs a strategic and forward-looking approach.

The provision enabling law enforcement agencies to require the production of communication devices with digital evidence introduces a new feature. Striking a delicate balance between the obligation of collecting evidence and guarding individual privacy becomes supreme. Law enforcement agencies must create healthy protocols to guarantee the ethical and lawful use of this provision, mitigating the probability of potential misuse.

Seeking of police custody has been altered by Section 187 of the new law whereby the 15 day custody period can be taken either together or staggered in parts during the judicial custody as well. Agencies need to have checks and balances on their actions to avoid any arbitrary infringement of civil liberties of people.

One important alteration that gives strong teeth to police power is the denial of bail in case person is accused of multiple offences, under Section 481(2). This needs scrutiny and a rational and reasoned approach should be adopted by the police or else it can open up a bigger lacuna for untamed exercise of police power in curtailing individual liberty.

Section 481(3) of the BNSS(2) places an additional responsibility upon the prison superintendent to judge the eligibility for any particular inmate who is entitled to bail and facilitate the process. However this requires technical training and diligence for the job.

The spirit of decolonising laws and giving an Indian shape to them continues in Bharatiya Sakshya Act replacing the Evidence Act. While Section 57 recognises electronic evidence as a primary evidence, Section 24 conceptualises joint trial for people involved in the offence. Enforcement agencies need training and workshops to understand the intricacies of the changes introduced. With inclusion of electronic evidence collection and the subsequent importance attached to it, police personnel need to be technically trained to overcome any handicaps and get better adjusted with dealing electronic evidence. As enforcement agencies they shoulder an important responsibility to protect this evidence from tampering, and with the new criminal laws this duty just got tougher.

The substantive code of crimes is now Bharatiya Nyaya Sanhita , that has altered punishments and definitions of certain offences. Most notable being introduction of “organised crime”( Section 109) , terrorism (Section 111), snatching ( Section 302) , false information dissemination ( Section 195), hit and run cases, Section 106(2), mob lynching -Section 103(2) . Police personnel need to grasp the new additions properly so that they can file chargesheets and identify the offences as per the new nomenclature. It will be an exhaustive learning process for the enforcement agencies in helping India change its criminal law paradigm.

A change of this nature is vital for both the people obeying the law and the ones administering the same. Police needs to gauge the changes in the nature of defining crimes and the capacity for taking cognisance. Any lapse on either part is a deterrent towards materialising the goals of criminal law reforms.

Steps To Be Taken For Making Law Enforcement Agencies Well-Versed In The New Laws

1. Training Programs:

• Develop comprehensive training programs for law enforcement officers at various levels, including police officers, investigators, and legal professionals.
• Collaborate with training institutes and academies to incorporate the new legislations into their curriculum.
• Conduct regular workshops, seminars, and webinars to update officers on the latest changes in criminal laws.

2. Educational Materials:

• Create easily understandable educational materials, such as manuals, handbooks, and online resources, explaining the provisions of the new legislations.
• Use multimedia formats, including videos and infographics, to make the information more accessible.

3. Digital Platforms:

• Establish a dedicated online platform for law enforcement agencies to access resources related to the new legislations.
• Provide e-learning modules and interactive tools to enhance the learning experience.

4. Specialized Training Units

• Establish specialized units within law enforcement agencies focused on the new legislations, with experts who can guide and assist their colleagues.
• Encourage the formation of specialized investigation teams for cases falling under the new legislations.

5. Collaboration with Legal Experts

• Foster collaboration between law enforcement agencies and legal experts, including lawyers and judges, to provide insights into the practical application of the legislations.
• Organize joint workshops and discussions to address any ambiguities or challenges in understanding the new laws.

6. Mock Exercises and Simulations:

• Conduct mock exercises and simulations to allow law enforcement officers to practice applying the new legislations in various scenarios.
• Include realistic case studies to help officers understand the nuances of the laws in different contexts.

Bharatiya Nagarik Suraksha Sanhita, 2023, ushers in a complete revolution in India's criminal justice system. The effect on law enforcement agencies is multi-layered, involving a tactical, adaptive, and technically savvy approach. As BNSS grows, law enforcement agencies play a central role in steering these adjustments while maintaining individual rights, preserving the reliability of investigations, and safeguarding the effective and equitable administration of justice. The triumph of this legal reform is reposed on the shoulders of law enforcement, commanding a devotion to excellence and a proactive acceptance of the advancing legal landscape.

Sources: 

1. "Overview of the Bharatiya Nagarik Suraksha Sanhita, 2023" January 12, 2024, available at - https://www.azbpartners.com/bank/overview-of-the-bharatiya-nagarik-suraksha-sanhita-2023/

2.  Vineet Bhalla,”How Modi government’s new criminal laws drastically increase police powers” Scroll.in, January 7, 2024, available at - https://www.google.com/amp/s/amp.scroll.in/article/1061476/how-modi-governments-new-criminal-laws-drastically-increase-police-powers

3. [Tabular Comparison] Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) & Code of Criminal Procedure 1973 (Cr.PC.), Taxmann, January 9, 2024,  available at - https://www.taxmann.com/post/blog/tabular-comparison-bharatiya-nagarik-suraksha-sanhita-bnss-code-of-criminal-procedure-cr-pc

4. Bharatiya Nagarik Suraksha Sanhita Bill 2023 and Bharatiya Sakshya Bill 2023 - A substantial analysis, Project 39A, NLU Delhi. 

5. Arpinder Singh, "Modernizing criminal laws: a step towards legal reform" , January 10, 2024, available at - https://www.ey.com/en_in/forensic-integrity-services/modernizing-criminal-laws-a-step-towards-legal-reform.