Why in the News? 

The Bureau of Police Research and Development (BPRD) has issued Standard Operating Procedures (SOPs) to assist police officers in implementing these new provisions in the criminal laws.      

With the new criminal laws coming into effect, how have the basic duties of police officers changed?

• Registration of FIRs: The officer in charge cannot refuse to register an FIR due to jurisdiction issues. They must register a zero FIR and transfer it to the respective station. Non-registration can attract penal action.
• Electronic Filing of FIRs: Information for FIRs can be given electronically, which must be signed within three days.
• Mandatory Videography: Videography is now required during searches, crime scene documentation, and property possession processes. This is to ensure transparency and integrity in investigations.
• Display of Arrest Information: Information about arrested individuals must be displayed prominently in police stations, ensuring transparency and accountability.

What are some of the changed provisions concerning arrests of elderly and infirm people?

• • Permission from an officer not below the rank of DySP is required to arrest individuals above 60 years or those who are infirm for offenses punishable by less than three years.
  • Handcuffing is restricted and can only be used if there is a possibility of the person escaping custody or causing harm. This aligns with the Supreme Court guidelines.

• What about preserving electronic evidence?

• • The new laws emphasize maintaining the sequence of custody for electronic devices to ensure the integrity of evidence.
  • The investigating officer must inform the informant or victim about the progress of the investigation within 90 days.

How can electronic evidence be stored?

• Use of eSakshya App: A cloud-based mobile app, eSakshya, allows police to capture photos and videos, ensuring they are geo-tagged and time-stamped.
• Integration with ICJS: The data captured via eSakshya is part of the Inter-operable Criminal Justice System (ICJS), making it accessible to the judiciary, prosecution, and forensic experts.
• Training and Equipment: Investigating officers must be provided with electronic devices and proper training to handle and preserve electronic evidence effectively.

Challenges and Implementation Issues: 

• Implementation and Training: The transition to new protocols, such as mandatory videography and electronic filing of FIRs, requires extensive training for police officers. 
  • Ensuring that all officers are proficient with the new technology and understand the updated procedures can be a significant logistical and financial challenge.  
• Infrastructure and Connectivity: Effective implementation of electronic evidence preservation and zero FIR registration demands robust digital infrastructure and reliable internet connectivity, especially in remote or rural areas. 
  • Many police stations may lack the necessary resources or face frequent connectivity issues, potentially hindering the timely and accurate processing of electronic evidence and FIRs.  

Way forward:

• Need Enhanced Training Programs: Implement comprehensive training programs for police officers nationwide to familiarize them with the new criminal laws and technological advancements.
• Need Improved Digital Infrastructure: Invest in upgrading digital infrastructure and ensuring reliable internet connectivity across all police stations, especially in rural and remote areas.

Mains PYQ: 

Q The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (UPSC IAS/2021)

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