Nine months to a year: Centre’s timeline to cover 90% India with new criminal laws

Tribune News Service

Aditi Tandon

New Delhi, January 6

The Centre has estimated a timeline of nine months to one year to cover most of the country with the newly enacted criminal laws and roll out their provisions.

Top government sources say “90 per cent of India will have the reach of the new laws within a year”.

Focus of dgps’ conference

• The Bharatiya Nyaya Sanhita (replacing IPC 1860), Bharatiya Nagarik Suraksha Sanhita (replacing the CrPC 1898) and Bharatiya Sakshya Adhiniyam (replacing the Indian Evidence Act, 1872) are expected to be notified on or by January 26
• The roadmap for the success of the three new laws is the top focus at the ongoing meeting of the DGPs and IGs at Jaipur

Although the three laws — Bharatiya Nyaya Sanhita (replacing IPC 1860), Bharatiya Nagarik Suraksha Sanhita (replacing the CrPC 1898) and Bharatiya Sakshya Adhiniyam (replacing the Indian Evidence Act, 1872) are expected to be notified on or by January 26, their ground implementation will depend on the progress made around key pillars — digital training of cops; laying the ground for forensic probes; and training and conditioning of cops and the judiciary in line with the new legislations that leave colonial vestiges behind and set timelines for justice delivery.

The roadmap for the success of the new laws remains the top focus at the ongoing meeting of the DGPs and IGs at Jaipur, with Prime Minister Narendra Modi attending the conference today and tomorrow.

A major focus area is strengthening forensic investigations with the recast laws mandating forensic probe in all cases involving punishment of seven years or more; recording of evidence in all investigations; videography of search and seizures of any property and compulsory audio-video recording of victims of sexual assault.

Provisions are afoot to ready 900 fully-loaded forensic mobile vans (with three experts in each) to be provided to cover all 885 police districts in India.

“Three companies have already created models for these FSL vans. Trials are on. In three months we can provide 900 vans. The vans would be available to any state in a Centre-state finance sharing model of 75:25. Post January 26, we will commence the training of cops in forensic investigations. We have readied 3,000 master trainers for the purpose,” top government sources said.

The DGPs and IGs attending the Jaipur conference are expected to return and lead preparations towards the rollout of the new laws.

Officials said the police role was key to the success of the new legislations.

“Once all police stations are 100 per cent digitised, all cases would be investigated and closed in three years. After 100 per cent technical upgradation of systems, including police stations and judiciary, enabling online FIRs, online depositions by cops and witnesses who need not come to courts physically, these laws would constitute the most modern criminal justice structure in the world,” a source said.

The DGPs and IGs were also acquainted with preparations to be done to ensure timelines prescribed by Bharatiya Nagarik Suraksha Sanhita were followed.

“In Bharatiya Nagarik Suraksha Sanhita, the complaint received online is to be taken on record and FIR lodged in three days; medical examination report of the victim of rape has to be forwarded to the investigation officer within seven days; victims and witnesses are to be informed of the status of probe within 90 days of the FIR; magistrate has to frame charges within 60 days from the first hearing of the charge; accused have to file discharge application within 45 days of the chargesheet; judgment will have to be delivered within 45 days by the court hearing the matter; and the sessions court will pronounce judgment (conviction or acquittal) within 30 days after the hearing is over and can extend up to 45 days only after giving reasons in writing,” top sources said.

Thirty-five changes have been made in the new laws (over the old ones) to cut delay in justice delivery,

it is learnt.

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