NEW PROVISIONS FOR POLICE OFFICERS: POLITY

New provisions for police officers: polity

News: SOPs have been issued by the Bureau of Police Research and Development (BPRD) to guide police officers in implementing the new provisions of new criminal laws.

 

What’s in the News?

New Standard Operating Procedures

  • Rules for Registering FIRs:

·         The officer in charge of a police station must register an FIR, regardless of jurisdictional issues (known as a zero FIR) and transfer it to the relevant station.

·         Non-registration of FIRs can lead to penal action under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

·         FIRs can now be filed electronically, alongside traditional oral or written methods.

  • Videography Requirements:

·         Mandatory videography during searches (Section 185), at crime scenes (Section 176), and during property seizures (Section 105) is required.

·         Negligence in conducting videography can benefit the accused, emphasizing the need for proper training and equipment for investigating officers.

  • eSakshya App:

·         The eSakhsya app is a mobile-phone application to help police record crime scenes, conduct searches, and seizures in criminal cases.

·         It enables police to upload recorded evidence to a cloud-based platform. This data is accessible to various agencies like judiciary, prosecution, and cyber forensic experts.

  • Provisions of Arrest:

·         Information about arrested individuals must be prominently displayed at police stations by an Assistant Sub-Inspector or higher.

·         Special restrictions are imposed on arresting elderly or infirm persons, requiring permission from a DySP for certain offenses.

  • Timelines for Medical Reports and Investigations:

·         Medical reports in rape cases must be forwarded to the Investigating officer within seven days for submission to the magistrate.

·         Investigations of POCSO cases must be completed within two months of the offense being reported, a stricter timeline compared to previous norms.

  • Handling Electronic Evidence:

·         Section 193(3)(h) mandates maintaining custody records for electronic devices due to their susceptibility to tampering.

·         Police officers are required to upgrade their skills to ensure the integrity of electronic records.

  • Definition of 'Terrorist Act':

·         Section 113 of the Bharatiya Nyaya Sanhita defines what constitutes a terrorist act.

·         The decision to register cases under this section or under the Unlawful Activities Prevention Act (UAPA) rests with SPs, considering factors like the seriousness of the offense and investigative requirements.