News Excerpt:
Days ahead of implementing three new criminal laws, the Union Ministry of Home Affairs (MHA) is testing a mobile-based application called eSakshya (e-evidence).
More About the News: This app aims to assist police in recording the scene of a crime, conducting searches and seizures, and uploading files to a cloud-based platform. This initiative is set to be rolled out alongside the new criminal laws that will replace the existing ones from July 1.
Key Features of eSakshya:
- Crime Scene Documentation: Police officers can record the scene of the crime, search, and seizure operations, with each recording being a maximum of four minutes long. Multiple recordings can be uploaded for each First Information Report (FIR).
- Selfie Upload: Officers must upload a selfie after completing the procedure to ensure accountability.
- Cloud-Based Storage: The recordings are uploaded to a cloud platform, ensuring accessibility and secure storage.
Three New Criminal Laws
- The new laws set to take effect on July 1 include:-
- The Bharatiya Nyaya Sanhita (BNS), replacing the Indian Penal Code of 1860;
- The Bharatiya Sakshya (BS), replacing the Indian Evidence Act of 1872;
- The Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure of 1898.
Mandatory Recording
- According to the National Crime Records Bureau (NCRB), India reported 58.24 lakh crimes under the Indian Penal Code and Special Local Laws (SLL) in 2022.
- The MHA estimates that 20% of these crimes involve punishments of seven years or more, with seizures occurring in 35% of cases.
- The BNSS mandates compulsory audio-video recording of search and seizure in each criminal case and requires forensic examination for offences punishable by seven years or more.
National Informatics Centre
- Developed by the National Informatics Centre (NIC), the mobile application will be available to all police stations that register and download it.
Process of uploading
- Police have two options for use.
- If connectivity is an issue, police can record the crime scene on their personal devices, generate a hash value, and upload the file at the police station, simultaneously sending it to the judicial officer via a designated computer.
- With good internet speed, they can directly upload through eSakshya.
Challenges:
- Procuring the necessary hardware and cloud space is costly, and many States lack sufficient resources.
- The new laws digitize everything, and any minor issue in recording a crime scene or obtaining digital evidence could result in criminals walking free.
- Forensic evidence is often challenged based on the chain of command rather than its quality.
