Amritsar cops face teething problems with implementation of new criminal laws

Tribune News Service

PK Jaiswar

Amritsar, July 1

While the Civil Lines police station was buzzing with activities following the arrest of seven persons in a sensational dacoity case, ASI Rashpinder Singh was busy dealing with complainants arriving at the police station for lodging their complaints.

Three FIRs registered

In all, three FIRs were registered in the city and in the rural police district here on Monday under various sections of the new laws. Satinder Singh, SSP, Amritsar (Rural), said two cases were registered — one in connection with the drug recovery and second related to cybercrime — in which sections of the BNS were added. In the city police commissionerate, one FIR was registered at the Gate Hakima police station here under the new laws.

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From reaching the crime scene to recording statements of suspects and preparing documents, all would be recorded and transferred to the cloud system that cannot be tempered with. These files would be the primary evidence that would help nail criminals.Rs Satinder Singh, SSP, Amritsar (Rural)

Three booklets of new criminal laws — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) — are kept on his already crowded table for reference. These criminal laws replaced the British-era Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and the Indian Evidence Act in the country from today.

After going through complaints, ASI Rashpinder reads a booklet to find sections under which these complaints could be registered.

“We had been using the IPC, CrPC and the Indian Evidence Act for decades. How is it possible to get accustomed to new criminal laws in a day. Though training workshop was held, but it would take time to get accustomed to these new laws,” the ASI says.

The Police Department has also provided cops with the Punjabi translation of the laws. Besides, the police personnel have soft copies of these laws in their mobile phones.

“The teething problems are bound to crop up,” said an Assistant Commissioner of Police (ACP) wishing not to be named. He said under the new laws, the sections had changed and it was natural that cops could not memorise these overnight.

Harsandeep Singh, SHO, Kotwali police station, pointed out that though there would be not much difference at the ground level while policing, it would definitely take some time to totally adapt to the new laws while registering FIRs and investigating them.

Under the new laws, it would be mandatory for the police to make audio-video recording of heinous crimes, search and seizures at the spot under the BSA in order to have undeniable evidence against suspects.

The ACP said the new laws would improve policing and help in nailing criminals as digital and electronic evidence would also be treated as primary evidence. Earlier, it was treated as secondary evidence. For this, cops would have to keep their new “weapons” — mobile phones with good Internet plans — fully charged, he said.

“From reaching the crime scene to recording statements of suspects and preparing documents, all would be recorded and transferred to the cloud system that cannot be tempered with. These files would be the primary evidence that would help nail criminals,” said Satinder Singh, SSP Amritsar (Rural).

However, the lawyer community is not happy with the sudden implementation of the new laws. “Advocates are the one who would ensure the implementation of laws. But today, they are not aware of new sections and laws. How would we contest in courts? Has the government spared any thought about training lawyers?” said noted lawyer Ravi Mahajan.

Amritsar Bar Association president Pardeep Saini said there was resentment among the lawyer community regarding the implementation of the new laws. The government did not consider taking Bar Courts, Bar Councils and Bar Associations into confidence before implementing these laws, he said.

He said, “Advocates and the police are in a dilemma. They have called a meeting on July 6 to chalk further course of action regarding the use of new laws.”

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