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Following the President’s approval and subsequent notification in the official gazette, confusion has arisen among police officials and within the legal system regarding the enforcement of three recently enacted criminal laws.
The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, 1860; the Bharatiya Sakshya (BS) replaces the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure, 1898.
Union Home Minister Amit Shah, on December 22 in Chandigarh, assured that the necessary framework for implementing these laws in all union territories would be established by December 2024.
According to a notification on December 25, the laws are set to come into force on a date determined by the Central government through an Official Gazette notification. Presently, more than 95% of police stations in the country utilize a common application software under the Crime and Criminal Tracking Network and Systems (CCTNS) to register First Information Reports (FIR). However, the required modifications to the FIR format, such as the Integrated Investigation Form (IIF), under CCTNS have not been implemented yet. Additionally, concerns arise in states where FIRs are registered in the local language, as the Acts are named in Hindi.
The confusion extends to supplementary chargesheets for cases filed under the Indian Penal Code after the implementation of the Sanhita. Further clarification is needed in this regard.
While the three legislations undergo minimal changes, there is a risk of overlooking certain offenses due to a lack of application of provisions by investigating agencies. The adaptation to the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates time-bound investigations and mandatory audio-visual recording of search and seizure activities, poses a significant training challenge for police officials. It is estimated that 3-4 years will be required to fully train the police force on these aspects
But why fear, when you have Your Lawyer Bro with you, will keep you updated with the new laws. My videos may have been late but it’s surely worth the wait. This year I will try to be more regular in posting videos.
Wishing you and your loved ones a very Happy New Year! may you all achieve everything you ever dreamed of. Jai Guru Ji.
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