NEW DELHI: Holding consultations with Madhya Pradesh chief minister Mohan Yadav here on Friday on the full rollout of new criminal laws in the state, home minister Amit Shah emphasised on the police getting go-ahead from their senior officers before applying sections related to terrorism and organised crime in cases registered under the Bharatiya Nyaya Sanhita (BNS).
Warning that any misuse of legal provisions to book suspects on serious charges like terrorism etc could undermine the sanctity of the new criminal laws, Shah said senior police officials should examine whether the case in question qualifies for application of BNS sections relating to terrorism and organised crime. To ensure transparency for both the victim and accused, Shah asked the police to provide information about individuals detained for interrogation, details of seizures made and cases sent to courts, on an electronic dashboard.
While reviewing implementation of the three laws and current status of provisions related to police, prisons, courts, prosecution and forensics with the Madhya Pradesh chief minister in the presence of DGs of NCRB and BPRD, Shah called for 100% rollout of BNS, BNSS and BSA in the state at the earliest. He directed review of the progress on this front on a monthly basis by the chief minister, fortnightly basis by the chief secretary and on a weekly basis by the DGP.
Shah stressed on initiation of ‘trial in absentia‘ in national security-related cases, against fugitives who have been absconding from the country for a long time. Section 355 and 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allow trial and pronouncement of judgment in the absence of the accused in the interest of justice, which was not provided under the erstwhile Criminal Procedure Code (CrPC).
Shah noted during the review that the essence of the new criminal laws lies in the provision of delivering justice within three years, from the filing of an FIR till verdict of the Supreme Court.
The home minister told Yadav that conversion of ‘zero FIRs’ into regular FIRs should be continuously monitored, and transfer of FIRs between two states ensured through CCTNS (crime and criminal tracking network & systems). Amit Shah added that at least one forensic science mobile van should be deployed in every district and adequate number of cubicles constructed in hospitals and jails to facilitate recording of evidence via video conferencing.
Terming legal aid to poor undertrials as the govt’s responsibility, Shah emphasised on the need for a robust legal aid system to ensure justice for the underprivileged, along with necessary training for this purpose.
On the provisions for electronic evidence in the new laws, Shah suggested that the state’s home and health departments provide post-mortem and other medical reports electronically.
Union home minister also urged establishment of a system where officials from other states can visit Madhya Pradesh to understand the successful implementation of e-summons there.
To upgrade its forensic capabilities, the home minister suggested that the state govt sign a memorandum of understanding (MoU) with the National Forensic Science University to create adequate, trained forensic manpower.
