Parliamentary Panel Advocates Cautious Approach to Implementing Technology in Proposed Criminal Laws

A parliamentary committee, which scrutinized three proposed criminal laws, has commended the initiative to enhance technology usage in legal proceedings. However, the panel, led by BJP MP Brij Lal, emphasized that the adoption of electronic means for communication and trials should proceed only after establishing robust safeguards.

The Parliamentary Standing Committee on Home Affairs acknowledged the positive step of enabling online or electronic First Information Report (FIR) registration but suggested that it should be allowed only through modes specified by the state.

The committee noted the provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) for trials in electronic mode, emphasizing the increased utilization of technology in legal proceedings. Clause 532 of the BNSS-2023 allows for electronic mode trials using devices like mobiles, computers, or telephones.

While recognizing the advantages of increased technological integration, the committee raised concerns about potential manipulation and misuse. It highlighted worries about data security and unauthorized access in the collection and storage of electronic evidence.

The committee recommended that the adoption of electronic means for communication and trials proceed only after establishing robust safeguards for secure usage and authentication of electronically available data. This, the committee asserted, would ensure the integrity of the justice system.

Addressing the challenges posed by allowing electronic communication for FIR registration, the committee stated that it could create logistical and technical difficulties for law enforcement. It also expressed concerns about tracking all filed FIRs, especially if forms like sending an SMS to a police officer are considered providing information under Clause 173 of the BNSS-2023.

The committee suggested adding a proviso to Clause 266 of the BNSS-2023 to facilitate the recording of defense evidence through audio-video electronic mode. However, it recommended that such recording be allowed only at select government places to prevent tutoring or intimidation of witnesses.

The Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) bill, introduced in the Lok Sabha on August 11, along with the Bharatiya Nyaya Sanhita (BNS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023) bills, aims to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, respectively.