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New Provisions for Police Officer
The new criminal laws have become effective from July 1. SOPs have been issued by the Bureau of Police Research and Development (BPRD) to guide police officers in implementing the new provisions.
Key-highlights of the new Provisions
- Rules for Registering FIRs:
- Police must register an FIR (First Information Report) regardless of jurisdiction issues ("zero FIR") and transfer it to the appropriate police station.
- FIRs can be filed orally, in writing, or electronically, which must be acknowledged within three days by the police.
- Bharatiya Nagarik Suraksha Sanhita(BNSS) has a direct provision under Section 173; non-registration of FIRs may attract penal action under various sections.
- Videography Requirements:
- The BNSS mandates videography during a search conducted by the police under Section 185; of the scene of crime (Section 176); and of the process of conducting a search of a place or taking possession of any property (Section 105).
- The 'eSakshya' mobile app facilitates capturing geo-tagged and time-stamped photos and videos for legal integrity.
- Provisions on Arrest:
- Information about arrested persons must be prominently displayed at police stations and district control rooms.
- Section 37 of the BNSS requires a police officer in every police station, not below the rank of Assistant Sub-Inspector, to be responsible for maintaining and prominently displaying information about the arrested persons.
- Special provisions govern the arrest of frail, sick, or elderly individuals, requiring higher-level approval and cautious use of handcuffs.
- Section 35(7) states that the permission of an officer not below the rank of DySP is mandatory for arresting a person charged with an offence punishable for imprisonment of less than three years if such person is infirm or is above 60 years of age.
- Timelines and Procedures:
- Section 184 (6): Medical reports for rape victims must be forwarded to the investigating officer within seven days for submission to the magistrate.
- POCSO cases (Protection of Children from Sexual Offences) must be investigated within two months from the date of reporting.
- Chain of custody for electronic devices is crucial, with updates on investigation progress to be provided to informants or victims within 90 days.
- Section 113 introduced in the Bharatiya Nyaya Sanhita (BNS) defines what is a ‘terrorist act’ and imposes the duty on an officer, not below the rank of Superintendent of Police (SP), to decide whether to register a case under this Section or the UAPA.
- Information about arrested persons must be prominently displayed at police stations and district control rooms.
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