After a law is passed in Parliament, rules for it are laid down in states, which has not been done in Bengal so far for the Bharatiya Nyaya Sanhita
The delay by the West Bengal government in formulating rules for the Bharatiya Nyaya Sanhita is making investigations of criminal cases difficult, sources in the state administration told News18. All states have nearly completed the process to formulate rules for the BNS except Bengal.
The Mamata Banerjee government has been opposing the three new criminal laws – Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). No rules have been formed in Bengal for BNS. After a law is passed in Parliament, rules for it are laid down in states, which has not been done in Bengal so far for the Bharatiya Nyaya Sanhita. While the law is passed by the Legislature, the Executive or the government has to lay down rules to implement that law.
The Bengal Assembly had passed a resolution against the new laws. Chief Minister Mamata Banerjee has also formed a seven-member review committee which will suggest amendments.
With no rules in place for the implementation of the laws, officers on the ground are having to deal with grey areas and confusion, say sources. New cases are being recorded under the new laws but without rules.
According to the BNS, a complaint can be registered orally or through electronic communication irrespective of the area where the offence is committed. Such a complaint will be treated as ‘Zero FIR’ and will be sent to the concerned jurisdiction. If a complaint comes in via electronic communication, it shall be taken on record and entered in a register to be maintained by an officer in a form as per rules laid down by the state government. “Hundreds of cases will come in via this method. The lack of rules will make the work of the officers difficult. How to keep the record, in which format…. no rule has been specified,” a source said.
Sources added that as per Section 105, the investigating officer has to record on audio and video any search and seizure. In case of multiple seizures, the data needs to be stored in a server, data center or cloud for which an app is required. In the absence of such an app, the officers are storing the data in pen drives and CDs, adding to the expenditure. These devices are not being received by the courts as court employees say there is no room to store them not have any rules been framed for the purpose.
The new law also provides that seized properties be photographed and videographed and then disposed of. The mechanism has to be laid down by the government or the court so such properties are disposed of properly, freeing space at the police stations.
As per the new law, the executive magistrate power has been given to the DCP and above ranks. Hitherto, the power was exercised by ACPs who were in sufficient number in the Commissionerate. Fewer DCPs in the Commissionerate means fewer courts and slower process of preventive measures.
As per BNSS, the required processes can be executed through digital technology, such as issue of warrants, summons, production of accused or witnesses through video-conferencing etc. However, there is no standard protocol for the same. “What format will be followed and how has not been laid down. Other states have done this,” a source in the administration said.
Rigorous training has been provided to officers on the new criminal laws, but the absence of rules is creating problems in implementation. Different police stations have taken up different methods to manage the situation, which may later lead to issues in uniformity. Experts say issues will also crop up when trials of these cases begin.
Commenting on the issue, BJP leader Agnimitra Paul told News18: “They always projected as though Bengal is out of India. That’s why they don’t want to accept laws and this is an example of it. People can file a complaint sitting at home. This is there in the law, but where to mail etc are rules the states have to lay down. Bengal has not done it because they know if they do it, then they will be number 1 in crime. The government should form the rules.”
Hitting back, TMC’s Riju Dutta said: “The BNS law was imposed on public without consultation, without taking all stakeholders into confidence. As a result, it has created mass confusion. There are several places were the Union government can misuse the law for political gains. The Bengal government and TMC have opposed BNS from day one, just like we opposed other faulty policies because we have better policy in the state. The BJP is trying to do baseless politics over this because they are politically bankrupt in the state of West Bengal.”
