Centre Likely to Amend BNS to Include Sexual Crimes Against Men, Transgender People
01.06.2024: The Union government is considering amendments to the Bharatiya Nyaya Sanhita (BNS) to address a missing section on sexual crimes against men and transgender persons. This potential amendment comes as three new criminal laws, including the BNS, take effect across India on Monday. Despite objections from opposition-ruled states, the government has assured that states can amend certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure (CrPC).
Transition to New Criminal Laws
States’ Flexibility and New Software
Union government officials have emphasized that states can make their own amendments to the BNSS, which outlines procedures for arrest, bail, and custody. The new laws require FIRs to be filed under Section 173 of the BNSS instead of Section 154 of the CrPC. To facilitate this transition, upgrades have been made to the Crime and Criminal Tracking Network Systems (CCTNS), allowing FIRs to be filed in regional languages like Tamil and Marathi.
Key Amendments and Software Upgrades
The BNS, which replaces the Indian Penal Code, 1860, is expected to be amended to address sexual crimes against men and transgender individuals. Until the amendment is made, police officers are advised to use other sections under the BNS, such as those for wrongful confinement and physical hurt, to address these complaints.
The new CCTNS software patch will enable the filing of e-FIRs without visiting a police station and zero FIRs, which can be filed regardless of the crime’s location. This upgrade aims to streamline the process and make it more accessible to the public.
Implementation and Training
State Preparations and Training
Despite opposition from some states, training and support have been provided to help them adapt to the new system. FIRs will now be filed through the upgraded CCTNS, which supports multiple languages, making the transition smoother for states.
Compulsory Recordings and Forensic Examinations
The BNSS mandates audio-video recordings of search and seizure operations, including the preparation of lists of seized items and witness signatures. These recordings must be submitted electronically to the court without delay. Additionally, forensic examinations are compulsory for all crimes punishable by seven years or more in prison.
eSakshya Mobile Application
The Union Ministry of Home Affairs is testing eSakshya, a mobile app to help police record crime scenes and search and seizure operations, and upload the data to a cloud-based platform hosted by the National Informatics Centre. Security of this cloud-based system is a primary concern.
State-Level Systems
Several states have developed their own systems to comply with the new laws. For example, the Delhi Police has created the e-pramaan application to record crime scenes and generate hash values with certificates under Section 62 of the Bharatiya Sakshya. The Uttarakhand Police has distributed tablets for audio-video recording, and the Uttar Pradesh Police has allocated a budget for procuring necessary hardware.
Forensic Capability Upgrades
Five-Year Grace Period
The BNSS allows states until June 2029 to upgrade their forensic capabilities. Although forensics is mandatory for crimes punishable by over seven years, not all states currently have the required capacity. States are encouraged to use available resources and train police officials in forensic sample collection until their forensic infrastructure is fully developed.
The implementation of new criminal laws, including potential amendments to the BNS for addressing sexual crimes against men and transgender people, marks a significant shift in India’s legal framework. Upgrades to the CCTNS and state-level preparations aim to ensure a smooth transition, while states are given time to enhance their forensic capabilities. The Union government’s efforts to support states during this transition underscore the importance of a cohesive and updated criminal justice system.