Before the implementation of three new criminal laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act — the Ministry of Home Affairs directed all Union Territories (UTs) to conduct a legal examination. The purpose is to determine whether the existing forensic assistants could be designated as forensic experts. The rationale behind this directive was the anticipated increase in visits by forensic experts after the implementation of the new laws.
In February, the Central Government issued three gazette notifications, indicating that the new criminal laws would come into effect on July 1. To ensure a smooth and efficient rollout of these laws, Union Home Secretary Ajay Bhalla convened a meeting with all the Directors-General and Chief Secretaries of UTs, as well as heads of the National Crime Records Bureau (NCRB) and Bureau of Police Research & Development (BPR&D). This meeting, the second of its kind since January 9, aimed to address any bottlenecks before the deadline.
During the meeting, it was emphasized that alternative models for forensic vans in Island territories should be explored, considering their unique requirements. Section 176(3) of the Bharatiya Nyaya Sanhita provides for the visit of forensic experts to the scene of a crime to collect evidence in cases with punishments of seven years or more. However, discussions highlighted the need to explore legally tenable options to recognize incidents where the mandatory visit of a forensic expert could be dispensed with. This is particularly crucial considering the anticipated surge in cases requiring forensic visits post-implementation of the new laws.
Furthermore, considerations were made regarding the possibility of designating existing forensic assistants as forensic experts, especially in light of the recording and videography provisions in the new laws. Given that the app being developed by NCRB is still under development, legal examination is necessary to assess the feasibility of this designation.
Additionally, concerns were raised during the meeting regarding the accessibility of e-FIRs. It was suggested that unless a complaint has been signed within three days by the complainant, e-FIRs should not be available for public viewing or other police searches.
The current status of preparations across various UTs was also discussed:
- Delhi: Training has been organized in collaboration with central detective training institutes, and the Forensic Science Laboratory (FSL) has been restructured.
- Jammu and Kashmir (J&K): Over 6,000 police officers and personnel have been trained, and new posts in the forensics department have been created.
- Ladakh: Training has been conducted for 527 police officers, and efforts are underway to hire forensic experts and investigation officers.
- Lakshadweep: All police officers have been trained, and forensic experts will be hired from CFSL, Hyderabad.
- Puducherry: All police personnel have been trained through CDTI, Hyderabad, and a Tamil version of the three laws has been circulated in all colleges.
- Dadra and Nagar Haveli and Daman and Diu: Training has been completed for all police personnel, public prosecutors, prison staff, and lawyers.
- Chandigarh: All Investigation Officers (IOs) have been trained, and preparations are underway to launch an App for collecting digital evidence and videography.
- Andaman & Nicobar Islands: Training has been conducted for 1,300 police officers, and efforts are ongoing to train judicial officers and public prosecutors.
With comprehensive preparations underway, UTs are gearing up for the effective implementation of the new criminal laws, ensuring enhanced forensic capabilities and streamlined investigative procedures across the board.
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