Around 300 senior and subordinate police officers, their rank and file took part in the training session on three new criminal laws. The special lecture was delivered by retired Senior Police Inspector Arun Wable. (Pic: The Voice of Malegaon / Special Arrangement)
The three new criminal laws namely Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023, that are all set to come into force from July 1 onwards are people centric and hugely stress on digitisation of the entire criminal justice system. The focus of these laws is on serving of digitally signed summons and filing of digitally signed chargesheets apart from other major reforms, said retired Senior Police Inspector Arun Wable who also has been a Director at the Citibank.
Wable who has been conducting training sessions for the Maharashtra Police personnel especially their rank and file, at present is on a state-wide tour to impart the requisite knowledge of the soon-to-be-implemented criminal laws. He has served in the Mumbai Police establishment in different capacities for twenty eight long years.
Today his stop was Malegaon where he delivered a lecture at Hotel Maratha Darbar. The banquet hall of the hotel was filled to the capacity as around 300 officers of senior and junior rank from different police units took part in the enlightening session to get the hang of the three laws.
“The outgoing criminal laws were police centric whereas the three new criminal laws that are going to replace the old ones from July 1 onwards are people centric,” Wable told The Voice Malegaon. He underlined the key changes in the new Acts as under.
Calling of witnesses
Calling of witnesses under the new regime has been made people centric. Under the new regime, the police cannot call a male witness below the age of fifteen years and above sixty years to the police station. Similarly, a woman witness cannot be called at all to the police station.
Arun Wable (left), a retired Senior Police Inspector who also has been a Director at the Citibank was felicitated by Additional SP Aniket Bhatarti after the former finished his training session. (Pic: The Voice of Malegaon / Special Arrangement)
Medical reports in rape cases
The new laws make the following compulsory provisions in the rape cases. The medical report of a person accused of rape and a person accused under the POCSO Act must be shared with the Investigating Officer withing 24 hours. On similar lines, the medical report of a victim of rape or under POCSO must be sent to the police within seven days of the incident, Wable explained.
Digitally signed summons
The three new criminal laws are a giant leap towards digitisation of the entire criminal justice system. “Earlier, summons were served in duplicate in physical form by a police officer. One copy was for the person to be summoned and one was for the police. This system has changed now,” he said.
Under the new arrangement, digitally signed summons will be served through digital media such as email, social media messaging services etc,” Wable added. Those who do not have a digital means to accept digitally signed summons can accept the hard copies or digital copy in pen drive.
Digitally signed chargesheets
The process of filing of chargesheet has also been incorporated in the digital ecosystem. “Filing of digitally signed chargesheets has also be incorporated under the new laws. The digitally signed chargesheets can be shared with the court concerned through an email. A person without having any means of accepting digitally signed copy can and accept and carry the same in pen drive,” he said.
Arrest of women after Sunset
Under the new regime, a woman cannot be arrested by the police after the Sunset and before the Sunrise. Earlier, this provision existed but it was in the form of the Supreme Court guidelines. It was the law of the land. Now it has become a formal law. “But this provision has now been incorporated under a proper legislation,” he said.
Free treatment for rape victims
A rape victim or a victim under the POCSO Act can now be taken to a private hospital or a private gynecologist. The victim can get full medical treatment that too free of cost at these private hospitals or clinics, he said.
FIR and panchnama report
After filing of a First Information Report (FIR) and conduction of a panchnama, its report must be sent to the nearest magistrate within forty eight hours of filing or preparing it, he informed.
Video recording of panchnamas
With the advent of the three new criminal laws, the video recording of a panchnama must be compulsorily conducted by the police or any such authority which has been assigned the task of investigation, Wable added. On July 1, the three criminal laws the Indian Penal Code, 1860, the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872 will be replaced by the the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023 respectively.
