How the police station near Parliament where new criminal laws were enacted is gearing up for change

“Ab thane mein baithe baithe kaam nahin kar sakte, mauke pe to jana hi padega, scene ka video lena padega… (Now one cannot sit in the police station and work, you have to go to the scene of crime and make a video)…,” says one of the two officers.

“Proof ka onus ab police aur judiciary pe aa gaya hai…ab complaints kaise bhi aa sakte hain – WhatsApp pe, email pe, bas complainant to thane mein aa ke sign karna hoga. (The onus of proof now rests with the police and the judiciary… complaints can now be sent by any means… WhatsApp, email…, the complainant just has to come to the police station and sign off on it).”

With 40 years of field experience between them, both the officers appear to have the new laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam — down pat. They say they have been preparing for this very day “for the last six months”.

After the three laws were first notified last December, the Central Government launched various initiatives for their effective implementation, including creating awareness among stakeholders such as prison authorities, prosecutors, judicial and forensic personnel, and the police.

In the Capital, leading the drive to bring the Delhi Police’s over 80,000 personnel in sync with the new laws is Chhaya Sharma, the special commissioner (training). She says “100% saturation” is expected “soon”.

Calling it “a continuous and continuing process”, Sharma says that in the first phase of training from February 5 to April 16, around 9,784 police personnel and 94 Metropolitan Magistrates were trained in a five-day workshop.

In the second phase, from April 22 to June 30, 10,015 police personnel were trained, she adds. “50 Assistant Sub-Inspectors and Inspectors were also trained in videography and photography.”

The third phase of training began June 18. “Here, 22 Subsidiary Training Units consisting of 16, 823 police personnel are being trained to go back and disseminate their knowledge on the new laws back to their districts and units. At the end of the training phases, 36,716 personnel will have been trained,” says Sharma.

The Capital’s thanas have already got the training material — a pocket-sized ready reckoner on the new and the old laws, besides a dedicated smartphone app. Sources said that on Sunday, hours before the new laws were to come into effect at midnight, special briefings were held at thanas across Delhi’s police districts as well as at specialised units such as the Crime Branch and the Special Cell.

Deputy Commissioner of Police (DCP), New Delhi, Devesh Mahla, is confident the transition will be without a hitch.

In his district, which has the Parliament as well as Union Ministries and diplomatic installations, Mahla says Station House Officers (SHOs) and Investigating Officers (IOs) were among the first to be trained. Two to three “master trainers” have been handpicked and trained from each police station to help out their colleagues “untangle any confusion regarding the new laws and, more importantly, their processes”.

But there is some concern, too, over the difference in procedures between the old and the new laws.

“We are not worried about whether we’ll write the wrong section (in an FIR). Our CCTNS has been updated with the new BNS sections. I think we’ll face challenges in the new procedures that have been set down. Videography will be a challenge…what if there’s a picket raid and the police catch someone with illicit drugs. Will they first think of recording a video or arresting the accused?” says Mahla.

The Crime and Criminal Tracking Network and Systems (CCTNS) is a database used by the police departments across India to write and upload FIRs online.

According to Mahla, the police force has been practicing by writing dummy FIRs and chargesheets on the CCTNS under the BNS Sections for the last five months, alongside the actual FIRs and chargesheets, “but not everyone can become a videographer overnight”.

“Then we’ll also have to provide detailed commentary while making the video (at a crime scene). All sorts of problems can come up. Lack of mobile data or space, maybe someone forgets to include something in their commentary… These will be the challenges we’ll face in the coming months. We’ll sort them out as they crop up,” he says.

Another challenge, according to Mahla, is internet. The Delhi Police has an app in the works, where officers can upload crime scene pictures and recordings. Mahla says the police stations in the Capital have WiFi “in case a policeman does not want to use their own mobile data”. According to official sources, police personnel will not receive any allowance for the additional internet charges should they choose to upload their digital evidence from outside the police station.

There are also concerns about the lack of forensic infrastructure to deal with cases under the new laws — the BNS prescribes that any offence with over seven years of imprisonment must be looked into by forensic experts.

According to sources, in view of the huge pendency in forensic reports, the Capital would require at least 700 more experts to make this aspect of the BNS workable.

“We can only tell over time what issues will crop up… the sections have changed but we’ll check things before writing anything. Because things will be new, we will recheck everything,” says one officer at a police station who has served on the force for almost 28 years.

“We will, of course, brief everyone tomorrow,” the officer adds. “Just like we start every new year with hope, that the year goes well, we will bring in the new laws with the same hope.”