"In the era of digital transformation, the interplay between law and technology can result in better crime detection and also ensure criminal justice reform". Chief Justice Chandrachud

The Indian has adopted three new legislation on 1st July, 2024 i.e. The Bhartiya Nagrik Suraksha Sanhita, The Bhartiya Nyaya Sanhita and The Bhartiya sakshya adhiniyam. The new laws has given importance to electronic use for its efficiency as comparted to old criminal laws in India. It has added the use of word electronic to many of its provisios so that the justice delivery system can be faster to reduce the concept of justice delayed is justice denied.

Here in this article we will look into the procedure of initiation of criminal proceeding till pronouncement of judgement. Technological Advancement and use of electronically Online police complaints and electronic summons services has attempted to save paperwork while improving communication and efficiency in laws. The words of Amit Shah In Press trust of India were "We have been working towards modernisation of courts and police stations, Everything is happening with the help of technology. Law is getting modernised through technology,"

The BNSS has implemented the use of technology at all phases, from crime scene investigation to trial. It is a game changer since it will enable a faster trial and greater transparency in the inquiry. The use of technology and forensics into investigations is a crucial step towards modernising the criminal justice system and leveraging the power of modern scientific technologies.

As we all know that First stage of starting a criminal Trial is First Information Report and the end of criminal trial takes place with the final pronouncement of judgement.

Let us look towards those stages with the changes in new laws and the use of word electronic to it.

• First Information Report: Under section 173 of BNSS, every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station. By electronic communication, it shall be taken on record by him on being signed within three days by the person giving it.
   
• Investigation:
  • Section 176 proviso clause: The recording of the statement of the victim shall be conducted at the residence of the victim or in the place of her choice and, as far as practicable, by a woman police officer in the presence of her parents, guardian, near relatives, or a social worker of the locality. Such statements may also be recorded through any audio/video electronic means, including a mobile phone.
  • Section 176 (3): On receipt of every information relating to the commission of an offence punishable for seven years or more, the officer in charge of a police station shall, from such date as may be notified within a period of five years by the State Government, cause the forensic expert to visit the crime scene to collect forensic evidence and also cause videography of the process on a mobile phone or any other electronic device.
     
• Filing Chargesheet:
  • There are two stages of chargesheet: closure report under section 189 of BNSS and final report or chargesheet under section 193 of BNSS.
  • Section 193 (3) (i): As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication, to a Magistrate empowered to take cognizance of the offence on a police report.
  • Section 193 (3) (ii): The police officer shall, within a period of ninety days, inform the progress of the investigation by any means, including through electronic communication, to the informant or the victim.
     
• Framing of Charges: Sections 234 to 246 of BNSS cover charges. The court may, at its discretion, authorize detention of an accused and frame charges in a criminal trial under BNSS by audio/video conferencing in the presence of a coordinator.
   
• Examination of Witnesses by Police:
  • Section 180 (3) of BNSS: Statement made under this subsection may also be recorded by audio/video electronic means.
  • Section 183 (1): Any confession or statement made under this subsection may also be recorded by audio/video electronic means in the presence of the advocate of the person accused of an offence.
  • Section 183 (6): If the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or special educator, shall be recorded through audio/video electronic means, preferably by mobile phone.
     
• Search by Police Officer: Section 185 of BNSS provides that a police officer proceeding under subsection (1) shall, if practicable, conduct the search in person. The search conducted under this section shall be recorded through audio/video electronic means, preferably by mobile phone.
   
• Presentation of Evidence and Arguments:
  • Section 2 (e): "Evidence" includes all statements, including statements given electronically, which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry. These statements are called oral evidence.
  • Section 2 (d) of BSA: Documents also include digital records. Section 62 of BSA addresses special provisions for evidence relating to electronic records. The Bharatiya Sakshya Adhiniyam clarifies the definition and admissibility of electronic records, highlighting the significance of expert certification and hash algorithms for secure usage of electronic mediums.
     
• Pronouncement of Judgment: Judgments can be pronounced online via audio/video conferencing, allowing courts to deliver decisions remotely. This method facilitates accessibility and efficiency, enabling parties to participate in hearings and receive verdicts without needing to be physically present, thus streamlining judicial processes and enhancing legal service delivery.

To summarise, computerised advances have significantly altered the landscape of modern legal systems, filling gaps and expediting processes from the initial filing of a FIR to the final ruling. The use of digital tools and technologies in the judiciary has increased efficiency, accuracy, and accessibility, resulting in faster case processing and more transparent procedures. Electronic evidence and communication platforms have also improved the gathering, storage, and evaluation of vital data, allowing for more equitable and informed decisions. As the legal profession evolves, embracing technology innovations will be critical in resolving emerging difficulties while safeguarding the integrity of justice.

Written By:

• Priyanshi Jain, Faculties of Shri Vaishnav Institute of Law, Indore
• Siddharth Nagar, Faculties of Shri Vaishnav Institute of Law, Indore