NEW PROVISIONS FOR POLICE OFFICERS (Syllabus GS Paper 2 – Polity)
Context: The new criminal laws have recently become effective, and the Bureau of Police Research and Development (BPRD) has issued SOPs to guide police officers in their implementation.
New Provisions for Police Officers
- Rules for Registering FIRs: The officer in-charge of a police station cannot refuse to register an FIR on the basis of lack of jurisdiction or disputed jurisdiction.
o Electronic Submission: Information for an FIR can be submitted orally, in writing, or electronically, but must be signed by the informant within three days.
- Videography Mandate: The BNSS mandates videography during searches, crime scene examinations, and property possession processes under section 185, 175 and 105..
- Provision of Arrest: Section 37 of the BNSS requires a police officer in every police station, not below the rank of Assistant Sub-Inspector, to be responsible for maintaining and prominently displaying information about the arrested persons.
o Timeline: In case of medical examination of a victim of rape, the registered medical practitioner is mandated under Section 184 (6) of the BNSS to forward the medical report to the IO within seven days, who shall forward it to the magistrate concerned.
o Section 193(3)(h): It requires the IO to maintain the sequence of custody of an electronic device.
o This sub-section also imposes a duty to inform the progress of the investigation within 90 days to the informant or victim.
- Section 113 of Bharatiya Nyaya Sanhita: It defines what is a ‘terrorist act’ and imposes the duty on an officer, not below the rank of Superintendent of Police (SP), to decide whether to register a case under this Section or the UAPA.
