Technology in Criminal Procedure**
Digital Evidence
The BNSS recognizes the increasing importance of digital evidence in criminal investigations and trials, integrating its use within the procedural framework.
Admissibility of Electronic Records
BNSS Provisions: While the BNSS primarily outlines the procedure for collection and presentation of evidence, the admissibility of digital or electronic evidence is governed by the Indian Evidence Act, 1872, specifically Sections 65A and 65B, which deal with the admissibility of electronic records.
BNSS Integration: The BNSS facilitates the collection of such evidence through provisions like mandatory videography of searches, seizures, and statements (Sections 47(5), 173(5), 173(6) BNSS), and the use of audio-video electronic means for recording statements.
Requirements for Admissibility: For electronic records to be admissible, they generally need to meet certain criteria, such as being certified by a person in control of the computer device, and originating from a reliable source. The BNSS provisions on videography and electronic recording aim to meet these foundational requirements.
Purpose: The objective is to leverage technology for more accurate, verifiable, and efficient evidence gathering.
Videography of Searches, Seizures and Statements
Mandatory videography is a key technological advancement introduced by the BNSS to enhance transparency and fairness in crucial procedural stages.
Section 47(2) BNSS
Reference to Section 47(5): While Section 47(2) might relate to the general process of search, the specific mandate for videography of searches and seizures is found in Section 47(5) BNSS. It states that the process of search and seizure shall be videographed.
Section 173(1)(a) BNSS
Statements: Section 173 BNSS deals with the report of the police officer. Section 173(1)(a) might refer to the initial duty to investigate. However, the mandatory videography of statements, including those of victims and accused, is explicitly provided in Section 173(5) and (6) BNSS, which mandates audio-video electronic recording and videography.
Purpose: Videography serves as an objective record, preventing allegations of procedural impropriety, torture, or evidence tampering, and ensuring that statements are recorded accurately and voluntarily.
Digital Investigation Tools
Implicit Adoption: The BNSS, by mandating forensic investigation and the use of electronic means, implicitly supports the use of digital investigation tools.
Examples: These tools can include forensic data extraction software for digital devices, cyber forensics tools for tracking online activities, digital audio/video enhancement tools, and data analysis software for large datasets.
BNSS Facilitation: The law provides the framework for collecting data (e.g., call records, digital communications) that these tools can then process and analyze.
E-Filing and Virtual Courts
E-FIR: BNSS explicitly allows for the filing of FIRs electronically (Section 154(1) BNSS).
Virtual Proceedings: The BNSS facilitates the use of audio-video electronic means for various stages of criminal procedure, including the appearance of accused and witnesses, conducting inquiries, and possibly even trials in certain circumstances (Sections 46, 173, 263 BNSS). This paves the way for virtual courts and remote participation.
Purpose: E-filing and virtual proceedings aim to increase accessibility, reduce logistical hurdles, expedite processes, and enhance efficiency, especially in post-pandemic scenarios.
Use of Technology in Arrest and Interrogation
Electronic Summons/Warrants: BNSS allows for the issuance and service of summons, notices, and warrants through electronic means (Sections 63, 71 BNSS).
Video Conferencing: The use of video conferencing for the production of arrested persons before a Magistrate (Section 46 BNSS) and for the examination of witnesses (Section 263 BNSS) is facilitated. This reduces the need for physical production, saving time and resources.
Interrogation: While direct videography of interrogation is not explicitly mandated by a single section, the videography of statements (Section 173 BNSS) covers the recording of information obtained during the process, which often includes interrogation.