As new criminal laws go into force, it's back to school for state police

As the three new criminal laws rolled out on Monday (July 1), how effectively the states manage to implement them in the days to come remains to be seen.

While some are ready with apps and vernacular translations of the new laws — albeit grudgingly — some are still struggling to come to terms with the nitty gritty of the overhauled legal codes.

In West Bengal, for instance, training of police personnel is still not over. On Monday, The Federal found an official of the Bidhannagar City Police frantically jotting down notes. He is among the 550 police personnel from the Commissionerate undergoing training from special public prosecutor Bivas Chatterjee on the three new criminal laws.

“It is like going back to junior school to start the entire learning process anew,” he grumbled.

Back to school

Indeed, the complete overhaul has made it imperative for police personnel to learn the provisions and sections of the laws from scratch. It’s not merely about changing a few sections or provisions of laws, he pointed out. It will bring about a massive shift even in how police go about their work, said the policeman who refused to be identified.

On Monday, the colonial-era Indian Penal Code, Criminal Procedure Code, and the Indian Evidence Act were replaced with the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, respectively. 

Functional modifications

Alongside, several functional modifications have also been made to the existing policing system by incorporating online registration of police complaints, issuing of summons through electronic modes such as SMS, and mandatory videography of crime scenes.

The fact that these laws are named in Hindi has been the cause of much consternation in non-Hindi states. Lawyers, police and the public cannot grasp what each law stands for, it is feared.

Also, the investigating officers will have to learn how to record digital evidence and store them on phone or camera. This entails a lot of training.

The changes further require the appointment of a designated officer of ASI rank or above at each police station. The officer has to be notified of arrests so that he can immediately upload those.

Delayed by polls

Senior police officials in West Bengal said they are struggling to catch up because the process was further delayed by the Lok Sabha elections.

The new laws got the President’s assent only on December 25 last year.

“At the outset of this year, we switched into election mode. We did not even get a month’s time to train our personnel since the election process got over in early June,” complained a senior official.

Training process

In every district of West Bengal, two police officers have been trained to be “master trainers.”

They in turn are providing intra-departmental training to their colleagues. In addition, police have also roped in legal experts for the training.

Police sources told The Federal that officials below the rank of sub-inspector are yet to get adequate training. Even sub-inspectors have received three to four days of training at the most, which is not adequate, experts say.

“Even lawyers will take time”

“Months of training and deliberations go into the implementation of a new Act. Here, new sets of laws have been rolled out without giving enough scope to all stakeholders to discuss and understand them,” argued Arindam Das, a senior advocate at Calcutta High Court.

Even practising lawyers will take time to get in the groove, Das told The Federal.

“Since these are new sets of laws, there will be no precedent to refer to for their interpretation. It will take a long time for the high courts and the Supreme Court to lay down precedence on the new pieces of legislation. Till such time, there will always be confusion and uncertainty,” he told The Federal.

Sanskritisation of laws?

While the West Bengal Bar Council observed a “black day” on July 1 to protest against the hasty implementation of the new criminal laws, an activist felt it would only hamper the delivery of justice.

Civil and political rights activist Kirity Roy said the rollout is nothing but an attempt to “Hinduise” criminal laws by Sanskritising statutes. “It will take a long time to come to terms with the Sanskrit names of these laws, let alone their sections and provisions,” he quipped.

Apps and booklets in South

In the South, the police in states such as Tamil Nadu and Karnataka claim to be better prepared for the shift. Both claim to have completed training their respective police forces and are armed with translations for easy interpretation by the grassroots-level police force.

The Tamil Nadu government trained its police force last month, said officials, adding that the filing of cases according to the new laws would be reflected in the CCTNS (Crime and Criminal Tracking Network & Systems) software from Monday evening.

Translations

While DMK MPs had vehemently opposed the new laws in Parliament even during their enactment, Tamil Nadu Chief Minister MK Stalin had written to Union Home Minister Amit Shah, saying the Sanskrit naming of the new laws itself was in clear violation of Article 348 of the Constitution.

He had sought the deferment of their implementation and urged the Centre to hold proper consultation with the states.

Meanwhile, a couple of private publishers have come up with translations of the news legal codes. Official translations will be sent to the Centre for verification and certification, said officials.

Demands to oppose new laws 

In Karnataka, even though the government says it is ready for implementation, demands have been raised to oppose the new laws in court and restore the existing codes.

State Home Minister G Parameshwara has announced that an app has been developed for the laws’ enforcement, while the police have prepared a Kannada booklet on the new laws for themselves and the general public.

“All new cases registered from today (Monday) onwards will be under the new laws. The immediate impact remains to be seen; we will evaluate its success over time. Training has been provided to everyone, from constables upwards, regarding these new laws,” Parameshwara told the media in Bengaluru. “We are open to revisions based on the feedback received,” he added.

Kannada booklet

The Karnataka Police Academy has prepared a Kannada booklet explaining the laws.

“The Academy has compiled notes comparing the changes made to the old criminal laws and the key elements added to the new criminal laws. These notes are expected to be very useful for Karnataka police officers and staff. We are releasing this handbook with the hope that it will be beneficial,” said Additional Director General of Police (Law and Order), Alok Kumar.

Cautions against new laws

However, Supreme Court lawyer and constitutional expert KV Dhananjay told The Federal that he has appealed to Karnataka Chief Minister Siddaramaiah, Law Minister HK Patil, and Leader of Opposition R Ashoka to have the new laws repealed and the old ones retained.

Dhananjay criticised the hasty implementation of the new laws, especially the Bharatiya Nyaya Sanhita, describing it as a repackaged version of the IPC with the “potential to destabilise India’s criminal justice system”.

He underscored the enduring relevance of the IPC and cautioned that the new laws could burden the law enforcement systems and the judiciary.

Call for coalition

Dhananjay also called for Karnataka to form a coalition with other like-minded state governments to oppose the legal changes and advocate for a more deliberative approach to legal reforms at the national level.

He pointed out that the stakes are too high and there should be a responsible approach towards legal reforms that prioritize the stability of India’s criminal justice system.

(With inputs from Pramila Krishnan in Chennai.)