New criminal laws hinge on technology and forensic throughout all stages (2024)

The focus of the three new criminal laws will be on technology and forensics with the use of technology at all stages, from scene of crime visit to investigation to trial, said officials aware of the matter.

"The inclusion of technology and forensics in investigation is a significant move geared towards modernising the criminal justice system and harnessing the strength of modern scientific technologies," they added.

Considering the risk of manipulation of evidence, the mandatory inclusion of audio-video recording in search and seizure proceedings is an important inclusion in Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), replacing Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA), respectively.

For forensics, the Union cabinet recently gave approval for establishment of campuses of the National Forensic Sciences University (NFSU), establishment of Central Forensic Science Laboratories and enhancement of existing infrastructure of the Delhi Campus of the NFSU, with a total financial outlay of Rs 2,254.43 crore from 2024-25 to 2028-29.

In BNSS, clause 105, the scope of audio-video recording during search and seizure includes, among others, the process of preparing a list of seized items and the signature of witnesses. Transparency in search and seizure proceedings is likely to be a deterrent against fabrication of evidence and ensure the presence of independent witnesses in these proceedings. This clause requires that this audio-video recording be submitted before the district magistrate, sub-divisional magistrate or judicial magistrate of first class 'without delay'," explained another official.

Similarly, clause 176(3), requirement for videography of the process of collection of forensic evidence is another move towards greater transparency and accountability in evidence gathering, and a safeguard against irregularities and manipulation. Clause 176(1) provides an option of audio-video recording of any statement made during police investigation.

"Consistent with the CrPC, the BNSS retains the mandatory requirement for videography of police statements, and audio-video recording of statements before the magistrate for certain vulnerable victims with physical or mental disabilities, under Clause 173(1) and 183(6), respectively," according to home ministry officials.

"The most significant change in BSA, earlier IEA, is the introduction of evidentiary nature and admissibility of electronic evidence. The proposed changes include expansion of the definition of primary evidence to include copies of electronic or digital files and admissibility of electronic records," as per MHA officials. Clause 63 BSA provides a specific procedure for the admissibility of electronic records while clause 2(d) of BSA defines documents to also include 'electronic or digital records'.

In Video: New Criminal Laws: HM Amit Shah explains how the three new acts will help common people

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