Three new criminal laws to have financial implications

The new criminal laws ndash Bharatiya Nyaya Sanhita BNS Bharatiya Nagarik Suraksha Sanhita BNSS and Bharatiya Sakshya Adhiniyam BSA 2023 may come with an additional financial burden on the statersquos exchequer The advocates human rights activists and criminologists worried as they are of the view that mandatory usage of audiovideo visual recording at crime scene investigation and search amp seizures as directed under Section 176 3 of BNSS especially in connection to offences with seven years or above seven years of punishment may put an additional financial burden on the states which are already under debtVolume of videography workAs per the Crime in India report for 2022 published by the National Crime Records Bureau 5824 lakh IPC and Special and Local Laws SLL crimes were reported in India It is estimated that 20 per cent of these crimes involve punishments of seven years or more and seizures occur in 35 per cent of cases Consequently it is estimated that 1164 lakh crimes will require crime scene photography and videography as per Clause 176 of the BNSS and 2038 lakh crimes will involve seizures The states will have to cater to the needs of police stations for the additional burden of audiovideo recording as mandated in new criminal laws See box for minimum requirementsBudgetary implicationsldquoThe BNS being a procedural law will require financial support for implementation with provisions that require the employment of audiovisual recordings while conducting search and seizure operations or while collecting victimwitness testimonies during the course of crime investigation or while conducting a trialrdquo said Venkatesh Nayak Director Commonwealth Human Rights Initiative CHRI New DelhiUsage of digital technologyWhen asked to elaborate Venkatesh said ldquoThe employment of digital technology at various stages of the investigation process starting with the public disclosure of the details of the persons arrested to the test identification parade conducted for the convenience of a person with physical or psychosocial disabilities or the issuance of summons by the trial court digitally will incur additional expenditure by the police and the courtsldquoThe financial memoranda attached to the BNSS Bill at the time of initial tabling and while passing in Parliament blandly stated that no recurring or nonrecurring expenditure would be incurred on the Consolidated Fund of India for its implementation This is strange for two reasons firstly BNSS will be implemented by the police in the seven union territories where budgetary support for the police and the courts as well as prisons is provided from the Consolidated Fund of IndiaSecondly what about the expenditure that would be incurred by the states from their respective Consolidated Funds for implementing the costheavy new provisions of the BNSS There has been very little discussion about these matters in the public domainrdquo said VenkateshldquoIt is common knowledge that the police are more often than not constrained by inadequate budgetary support to cover investigation expenses Instances of the victimssurvivors of crime being compelled to meet expenses on fuel for the police vehicles or paying for the photographyvideography of the crime scene are not uncommon There are also instances where the Investigating Officer IO pays for some of these expenses from his pocket How good is that loss made is anybodys guessrdquo said VenkateshLack of claritySection 1763 of the BNSS mandates videography for forensic evidence collection a move aimed at ensuring transparency and accountability However it lacks clarity on the required equipment potentially leading to the use of personal devices by officers This raises concerns about the susceptibility of electronic records to tampering and challenges in maintaining the integrity and chain of custody of evidenceldquoThe Supreme Court in the Shafhi Mohammad case highlighted the importance of audiovideo technology in investigations and the need for adequate infrastructure and training Current limitations including lack of funding equipment secure storage systems and forensic facilities pose significant challenges As per the current RBI reports states like Tamil Nadu Maharashtra Uttar Pradesh etc already burdened with massive debts face additional financial strain in implementing these provisions underscoring the need for a coordinated approach between central and state governments to manage these obligations effectivelyrdquo said advocate Mohini Priya advocate on record Supreme CourtSafeguard higher footingldquoNow it is a basic rule that as the society changes the law shall always change and therefore the new system of digitally recording of evidence will move towards speedy and transparent trail Though this will incur burden on the state but the safeguard of an individual is always on a higher footingrdquo said advocate Shreeprasad Parab constitutional expert practicing in Mumbai courtsState would have to budget forgtgt Minimum number of five audio video recorders required for a police station considering five investigating officers This will be a necessity till state migrates fully to esakshya facilitygtgt One dedicated desktop for evidence specialist data manager information assistant whatever term states use as per norms of the delegation recruitment or training for the digital forensic expert at each police stationgtgt Dedicated vehicle for digital forensic experts first responders to reach the scene of crimegtgt A dedicated room with work stations for forensic teams and first responders to store and collect their equipment and transfer their files to the desk stationgtgt Storage facility at data cent for parallel storage till states fully integrate to esakshya facility