‘That you can file complaint from home is going to be game changer’

Unlike the Indian Penal Code that was enforced by the British over 164 years ago with the intention of lathicharging and punishing Indians the new criminal lawsmdashBharatiya Nyaya Sanhita BNS Bharatiya Nagarik Suraksha Sanhita BNSS and Bharatiya Sakshya Adhiniyam BSAmdashare more peopleorientedrdquo In her first interview to the press since taking charge as Maharashtra Policersquos first woman DGP on January 9 Rashmi Shukla tells us that now the focus is on justice not punishmentThe 1988batch IPS officer emphasises that these lawsmdashimplemented across the nation since July 1mdashaddress modern necessities and are expected to remain relevant for the next 50 yearsEdited excerpts from the interviewWhat changes do you think BNS BNSS and BSA will bringI have grown up reading the IPC and CrPC which were Britishera laws enacted in 1860 and 1973 respectively Now having read the BNS BNSS and BSA I find them to be peopleoriented and reflective of the human face of the law The new laws signify a shift from punishment to justice encompassing everything modern India needs They address crimes against women and children cybercrime terrorism and waging war against the state covering every aspect of society necessary to deliver justice today I believe these laws will meet modern requirements for at least the next 50 years The kind of ease they are going to create for people will reflect in a few days as right now a transition in implementation of laws is going on I believe that in particular the thrust on scientific evidence electronic evidence and enabling people to file a complaint from home is going to be a game changerAdditionally the inclusion of community service for petty crimes will play an important role in shaping society It will help reduce overcrowding in prisonsand send a clear message that jail is the exceptionPolice lathicharge migrants gathered outside Bandra railway station during the COVIDinduced lockdown in 2020 Lathi charges will now be a thing of the past with the retirement of the Britishera IPC says DGP Shukla File picRane AshishHow has state police prepared to ensure a smooth transition to the new lawsFrankly speaking initially we were worried and unsure how the transition would go but now that concern has faded Everything went smoothly except for a few minor errors that were bound to happen The state registered 265 FIRs within 24 hours of implementation thanks to the marathon meetings and daily training sessions conducted at the levels of DGP Commissionerate Superintendent of Police and police stations Experts from the Centre Maharashtra Police Academymdashwhich translated the law to Marathimdashlawyers and other specialists were involved to ensure everyone was fully trained about the new laws and their implementation We also took CBIrsquos help and organised a oneday workshop before the implementation of the law in the state Due to these efforts 95 per cent of the police force in Maharashtra was fully trainedThe SOPs regarding arrests summons statements digital evidence and recording of digital evidence were thoroughly explained in every meeting We had 258 master trainers and uploaded almost 74 videos regarding the laws Each police station was provided with hard and soft copies of the law and study materials Since February hundreds of meetings have been conducted at the DGP level which shows the extent of preparation at district and police station levels The National Crime Records Bureau NCRB was also involved and training was given to the Crime and Criminal Tracking Network amp Systems CCTNS operators Additionally there is an internal NCRB helpline for police to use if they have any doubts while registering an FIR for further assistanceDGP Rashmi Shukla says the new laws are expected to remain relevant for the next 50 years PicGetty ImagesWhat are the potential challenges or disadvantages you foreseeI donrsquot see any disadvantages as the law covers every aspect and reflects the human face of justice The IPC which came into effect in the 1860s was designed by the British to punish Indians including measures such as lathi charge The police are not here to beat people up but to help them achieve justice In Britain their laws had a more humancentric approach While we may encounter some niggles during implementation adjustments can be made as neededHow do the new laws address and improve shortcomings in the criminal justice systemFor example in cases of heinous crimes the most crucial aspect is the collection of evidence to ensure justice for the victims The new laws now include provisions that mandate forensic team vehicles to immediately visit the crime scene if punishment for the crime exceeds seven years These teams will collect and digitally record evidence which holds greater value under the new laws We have been given five years to implement these provisions for forensic evidence gathering and have already started pilot projects in Navi Mumbai and Nagpur Additionally I have submitted a proposal to the Home Department to procure 295 forensic vehicles which will soon become a reality Every district will have such vehicles playing a crucial role in building a caseThe law also introduces various reforms with clear timelines for investigation filing of the chargesheet framing of charges issuing summons and conducting house searches It includes provisions for filing online FIRs and we have already registered several cases under it Complainants only need to visit the police station within three days to sign documents and confirm their identity Additionally the provision of Zero FIR is now a law meaning police officers cannot refuse to register an FIR regardless of jurisdictionAlso the law for the first time defines mob lynching in Section 1032 of BNS which includes lynching on the grounds of race caste sex language or personal belief The punishment is a minimum of seven yearsrsquo imprisonment to life imprisonment or deathThe new laws now include provisions that mandate forensic team vehicles to immediately visit the crime scene if the punishment for the crime exceeds seven years Representation picWith the new laws granting more power to the police what measures are being taken to ensure that this power is not misusedThe new law includes various provisions that mandate strict action against officers in cases of misuse of power Notably the new law clarifies that arrests are not mandatory for offences where the punishment is less than seven years Previously officers could arrest individuals even for an offence with minimal punishment This change aims to prevent misuse of powerAdditionally the law requires that when a person is arrested the officers must inform the accusedrsquos friend or family member and record this in the diary They must also inform the alleged accused of hisher rights under Section 48 of the BNSS and the magistrate must ensure compliance with these requirements before theaccused is presentedSection 185 of the BNSS introduces several checks on police powers when conducting searches without a warrant Officers must first record the legal grounds for the search in the case diary the search must be recorded electronically and within 48 hours they are accountable for sending a report to the magistrateA manual on BNS BNSS and BSA which have replaced the Britishera IPC right CrPC and Indian Evidence Act PicAnurag AhireHow is the new law going to tackle growing cybercrime specifically in MumbaiCybercrime is obviously one of our priorities and the new laws place more emphasis on it Previously cybercriminals were charged under the Information Technology Act and relevant sections of the IPC such as cheating Now cybercrime is defined under the provisions of organised crime which will instil fear in the minds of cybercriminals as securing bail will no longer be easy The biggest concern earlier was the lack of strict laws allowing cybercriminals to get bail within a month Now if cybercriminals are booked under Section 111 of the BNS for organised crime they face severe penalties i death or life imprisonment and a fine of Rs 10 lakh if it results in the death of a person or ii imprisonment between five years and life and a fine of at least Rs 5 lakhWhat changes are there in cases related to crimes against womenWhile the core of the law remains the same certain sections have been amended and additions made to make it more survivorfriendly and easier for women to report cases and record their statements For instance under Section 1761 of the BNS in rape investigations the survivorrsquos statement must be recorded through audio and video means by the police In certain cases only a female magistrate can record the survivorrsquos statement In the absence of one a male magistrate can do so but only in the presence of a female officerMedical reports of rape survivors must be submitted within seven days by medical practitioners a provision not previously in place Women are also exempt from going to police stations in certain cases Under Section 193 of the BNSS the investigating officer is required to share investigation details with the victims within 90 days The definition of an adult family member has also been updated to include women replacing the previous maleonly designation for summons purposes Moreover a new section Section 69 of the BNS has been added which defines sexual intercourse by employing deceitful means further protecting womenHow are the new laws expected to impact the relationship between the police and the public especially in terms of trust and cooperationThe new laws will surely have positive impact on the relationship between the police and the public For example when relatives visit a police station to enquire about an arrest and are not informed or helped the new law now mandates that details of the arrested person be displayed at the police station and that a copy of the FIR be sharedPolice personnel undergo training on the intricacies of the lawsHow do you plan to address confusion that may arise during the initial phase of implementation some errors have been observedThere is absolutely no confusion regarding implementation We have conducted hundreds of meetings and every officer is trained to deal with the new laws We have nodal officers and a dedicated NCRB helpline that officers can use in case of doubtsWhile the police have been coached how are you raising public awareness about the new laws and citizensrsquo rightsEfforts are being made at the police station level where programmes are organised to educate citizens such as displaying information about the new law sections Social media platforms are being utilised to spread the word focusing on major offences and their respective sections Additionally pamphlets are being distributed in some areas265No of FIRs filed in the state in 24 hrs under the new lawsJuly 1Date on which the three new criminal laws were implemented1860Year in which IPC was enacted