New Criminal Laws - Challenges

Context : One Year After New Criminal Laws Came into Force

Overview of the New Criminal Codes (Enacted in 2023, effective from July 1, 2024)

These laws aim to decolonise Indian criminal law, focus on victim-centric justice, introduce tech-driven policing, and improve speed and transparency.

 Key Tech-Driven Reforms & Agencies Involved

1. CCTNS – Crime and Criminal Tracking Network and Systems

• A national police database platform under Ministry of Home Affairs (MHA).

• Integrated with Inter-operable Criminal Justice System (ICJS) for seamless communication between:

  • Police

  • Forensic Science Laboratories (FSLs)

  • Prosecution

  • Prisons

  • Courts

2. e-Sakshya App (Mobile-based evidence collection system)

• Developed by: National Informatics Centre (NIC), under guidance of MHA.

• Role: Real-time capture of crime scene photos/videos with geo-tagging and timestamp, improving:

  • Chain of custody

  • Witness accountability

  • Evidence integrity

• Stored on: National Government Cloud (NGC) via Sakshya Lockers.

3. MedLEaPR – Medico Legal Examination and Post Mortem Reports System

• Developed by: NIC Haryana

• Role: Digitises and links post-mortem and medical examination reports with CCTNS for faster access.

• Status: Under testing in Chhattisgarh, expected to reduce delays in post-mortem report submissions.

Key BNSS Provisions Enabled via e-Sakshya

Operational Challenges

• Courts yet to access media stored in Sakshya Lockers via ICJS — leading to reliance on pen drives, adding cost and duplication.

• Personal devices being used by IOs due to:

  • App compatibility limited to Android 10+ with ≥1 GB RAM.

  • Inadequate official hardware — only one tablet per police station in some areas.

• Network issues:

  • Offline mode allows only 5 unlinked SIDs; must upload in network zones to proceed further.

• No delete/edit function for miscaptured media in linked FIRs.

Forensic and Investigation Reforms

• Mandatory FSL expert visit now enforced (Sec 176).

• Announcement of Central Forensic Science Laboratory (CFSL) and National Forensic Science University (NFSU) in Raipur, Chhattisgarh to improve local capacity.

• Use of police dogs encouraged at crime scenes for real-time clues.

Legal Gaps & Ambiguities

• Section 303(1) BNS: Theft below ₹5000 often not registered as cognizable — ambiguous interpretation.

• Section 112 BNS: Petty organised crimes (e.g., gambling) being registered, but the definition remains vague.

• Section 530 BNSS: Provides for video conferencing of IOs(investigating officers)/witnesses, but not uniformly adopted.

Cybercrime Evidence

• Although e-Sakshya generates a SHA-256 hash (Secure Hash Algorithm 256-bit) and auto-generated authenticity certificate, cyber-forensic experts are required in court to validate electronic seizures.

• Many State FSLs (e.g., in Chhattisgarh) not notified under the IT Act — need urgent upgrades and recognition.

Way Forward

• Structured feedback from IOs and States needed to fine-tune provisions.

• Ensure official hardware for e-Sakshya use.

• Forensic budget enhancement required for:

  • Mobile FSL units in each district.

  • Court-FSL-police real-time digital integration.

• Push for legal reforms where ambiguity exists (e.g., theft threshold, evidence deletion flexibility).

Key Institutions