CHANGE IN POLICING FROM 1^ST JULY 2024 ( Part 1)

1.a. Bhartiya Nagrik Suraksha Sanhita 2023 will repeal Criminal Procedure Code 1973.

b. Indian Penal Code will be repealed by Bhartiya Nyay Sanhita 2023

c. Indian Evidence Act 1872 will be repealed by Bhartiya Sakshya Adhiniyam 2023

d.  All the State Amendments in above laws will come to an end.

e. Cases registered before 1/7/24 will be inquired/investigated/tried as per Cr.P.C.1973

f. Cases registered from 1/7/24 will be  investigated/ inquired/tried as per BNSS 2023.

Changes in FIR

1. FIR will be registered under section 173 BNSS 2023.

2. FIR can be registered in any police station. Jurisdiction will not be essential factor for registering FIR.

3. Information regarding commission of cognizable offence can be given by electronic communication which includes :-

• The communication of any written, verbal, pictorial information or video content
• Transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person)
• By means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the central government.

4. The officer-in-charge of the police station shall take the information on record. The informant shall sign the information within three days.

5. If the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

6. In the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be.

7. Copy of First Information recorded is to be given to victim or informant.

8. In cognizable offences punishable with three years or more but less than 7 years the officer-in-charge of police station may conduct the preliminary enquiry with prior permission of police officer not below the rank of Dy.S.P.

9. Preliminary Enquiry to be completed within 14 days.

9. In case FIR is not registered by the Officer-in-charge of police station, and no action is taken by Superintendent of Police after being approached by the informant, he may file an application in the court of Judicial Magistrate.

Questions unanswered.

If informant giving information by electronic communication, does not come for signing it, within three days?

Preliminary Enquiry where the cognizable offence is punishable with less than three years or seven years or more?

Whether Judgment of Hon’ble Supreme Court in Lalita Kumari vs State of U.P.  (2014) 2 SCC 1, still relevant?

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