Impact on Law Enforcement: How New Criminal Laws Will Change Policing Practices

~ Avineet S Chawla

The legislating of new criminal laws of India—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—constitutes a transformation in the legal terrain, which the new Acts are poised to undertake to do away with the IPC, CrPC, and the Indian Evidence Act in criminal jurisprudence in India. The changes that these new laws will bring will profoundly influence the practice of policing and law enforcement in India. The discussion below takes into account the primary areas in which these laws will make a difference in policing.

  1. Greater Accountability and Transparency: One of the central goals of the new laws is an increased accountability and transparency within the police force.
  • BNS and BNSS: These laws introduce stricter guidelines for police conduct, particularly in terms of arrests, investigations, and the use of force. New provisions will require law enforcement agencies to maintain elaborate records of actions and decisions taken, which may be subjected to judicial review. In such an emphasis on transparency, police misconduct incidence is set to reduce, with fair investigations and rights of the accused being shielded as well.
  • Impact: The officers would be faced with adopting far more stringent measures when it comes to documentation and reporting. This may need additional training and resources, among others, to fit into the new requirements. It might expose the action of the police to further scrutiny by oversight bodies.
  1. Modernization and Incorporation of Technology: The new acts have allowed for clear mechanisms through which modern technology can be applied in the practice of law enforcement.
  • BNSS: This law focuses on the digital ways of crime detection, collecting evidence, and recording purposes. It provides legitimization for surveillance technologies, digital forensics tools, and electronic databases.
  • Impact: Police forces across India will be required to up-scale their technology. This would demand enormous investments in e-infrastructure, re-training of police officers and induction of technology into the day-to-day policing activities. Handling of cybercrimes, digital evidence and electronic surveillance would become imperative in the modern force
  1. Arrest and Detention Procedures – Amendment: BNSS outlines the revised procedures for arrest and detention, emphasizing the prevention of arbitrary arrest and respect for the rights of the individual.
  • BNSS: The law ensures that much clarification is enacted about when arrest is allowed, not to be done for the sake of arrest but based on either substantial evidence or reasonable grounds. That said, it also reformulates the practice of granting bail, especially for cases of non-violent offense, to lessen unwarranted detention.
  • Impact: Police will have to exercise more caution in arresting and detaining a person to meet the new legal thresholds. This may decrease instances of false arrests and detentions while, on the other hand, require law enforcement agencies to establish more solid evidence before arresting or detaining a person. In turn, a bail-based approach may influence the treatment of suspects while investigations are ongoing, lessening the bias in custodial interrogation.
  1. Rights and Support for Victims: Their orientation and focus on victims’ rights and support call for a change in the interaction of law enforcement.
  • BNSS: Notification is allowed by the law to have the police inform the victims on time about all their individual rights, the progress of the case, and the many various procedures that are required, to make sure the victim receives support services such as counselling and legal aid.
  • Impact: Establishing or enhancing the victim support unit in each police station that would ensure the victims are treated with dignity yet supporting it with whatever the help needed to be. It might even include the participation of social workers, psychologists, and NGOs, thereby making the process of victim care much more handed with law enforcement.
  1. Improvement of Investigation Practices: The new legislations also contain special provisions whose aim is to improve the quality of criminal investigations;.
  • BNS and BSA: These legislations, further, underline that investigations should be evidence-based and that the evidence must be properly kept so that it is indeed be presentable before the court. They also introduce stricter penalties for tampering with evidence or the commission of corrupt practices.
  • Impact: Police departments will have to change the present method of investigation and strictly collect and preserve the evidence according to the new standards which will be stipulated in the law. Additional training for officers in forensic techniques and improved crime labs and storage facilities for such evidence may be necessary. More emphasis on integrity in evidence could bring more scrutiny on investigative practices, hence minimizing the avenues for corruption and malpractice.
  1. Community Policing and Alternative Dispute Resolution: The new Act provides for community policing initiatives towards preventive policing and general maintenance of law and order.
  • BNSS: It promotes community policing initiatives towards preventive policing and general maintenance of law and order. It also allows mediation, and other alternative dispute resolution mechanisms to deal with small low-level disputes without going through the court system.
  • Effects: Building faith, trust, and close relationships with their communities will be crucial for police departments. Extra training on mediation and conflict resolution skills may be required, which will be oriented towards community-based prevention more than reaction oriented. This can help to ease some of the pressure on the courts, which will subsequently better the relationships between the police and the communities they serve.
  1. Reforms in Police Training and Education: The implementation of the new laws will necessitate significant changes in police training and education. It is an imperative need to cause awareness and registration of re-orientation in police officers on modern principles of law, technology issues, rights of the victims, and community policing. The new changes in law would mean a rethinking in the overhaul concept where police training is concerned as the police will be trained under these new changes in law, subject to continuous professional training.
  • Impact: The course structures of police academies and training institutions should incorporate the new laws. Continuous training and professional development programs would be conducted to make it imperative upon the police personnel to be up-to-date with the legal obligations and practices. This thrust on training will bring professionalism to the police personnel and raise standards of policing in the country. Conclusion

Three main legislations, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), are now to be put into practice in days to come. Together, these legislations are going to take the policing and law enforcement practices of the country further: increased accountability, transparency, modern methods of investigation, and community policing, among others, ensuring more effective, fair, and responsive law enforcement. While these changes are going to be challenging, more so from the angles of training, resources, and adaptation, they will also bring about a better opportunity to make a more professional and, most importantly, a more trustful police force better attuned to helping oneself to the requirements of the modern Indian society.

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