Maharashtra police ready to roll out new criminal laws

MUMBAI: Maharashtra police are ready to roll out the new criminal laws, as the British-era Indian Penal Code (IPC) is set to get replaced by the Bhartiya Nyay Sanhiha (BNS), the Criminal Procedure Code by the Bhartiya Nagrik Surakshan Sanhita, and the Evidence Act by the Bhartiya Saksha Adhiniyam, on July 1.

Director General of Police, Rashmi Shukla, said that 90% of the police force are trained to implement the new laws. “The Maharashtra Police Academy prepared several modules to train the policemen at different levels. We also prepared 74 short videos which would guide the policemen while dealing with the new criminal laws and can be accessed by them anytime. The three penal statutes have already been translated in Marathi,” she added.

Admitting that the police might face practical problems in implementing the new laws and meeting certain new requirements like the compulsory video recording of the investigation of serious crimes, she said, “We have not been provided with any manual for video recording as of now. So, we have assumed that we will be using our personal phones. Every complaint received online will be converted into FIR. But we need to observe how it works as people make a lot of hoax calls.”

The new laws will introduce several new features, like the mandate of completing investigation of crimes against women and children in two months of their registration. However, several sections and charges like sedition, attempt to suicide, unnatural sex, and adultery have been withdrawn from the new laws, as the Apex Court de-criminalised adultery and consensual same-sex relationships in 2018.

Punishments have been enhanced for several offences, like causing death by negligence which is widely used these days in accident cases, causing hurt to deter public servant from doing his duty, and criminal breach of trust and cheating. Fines, too, have been increased for around 83 offences.

“Section 69 has been added in Bhartiya Nyaya Sanhita (BNS), which provides that if a man promises to marry a woman but does not actually intend to marry her, and still has consensual sex with her, it will amount to a criminal offence punishable with imprisonment of up to 10 years. This is a new section, differentiating these cases (rape under the false promise to marry) from rape cases,” said Praveen Dixit, former DGP, Maharashtra.

He also pointed out that the new laws do not aim to punish the offender, but to impart justice. “A 4-year study was carried out and views of all concerned were taken into consideration, and only then, these new laws were framed. For the first time, technology and forensic evidence will be used to maximise punishment which will increase the conviction rate,” he added.

The concept of community service has been introduced as punishment for at least six petty offences. Significantly, the 511 sections of the IPC have been reduced to 358 in the BNS.

Mentioning that now the police will be able to keep a proper tab on organised crime syndicates, a Mumbai police officer said, “The new offences that have been introduced for the first time under BNS will help us a lot in dealing with organised crimes, terrorist acts, offences like chain snatching, mob-lyching, hiring, employing or engaging a child to commit an offence, and sexual intercourse by employing deceitful means.”

Also, the initial police custody period has been increased from 15 to 90 days, depending on the gravity of the offence, which would give police more time to interrogate the accused in their custody.

“Zero FIR (FIR registered at the nearest police station by the complainant for a crime that took place somewhere else), online registration of police complaints, issuance of summons through electronic modes, and mandatory videography of crime scenes of all heinous crimes are the key highlights of the three new criminal laws. For the forensic part, the Maharashtra police has been given five years’ time to implement it,” said another police officer.

On July 1, every police station across Maharashtra will hold a public interface programme on the new criminal laws.