The Delhi High Court has emphasized the transformative impact of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a new code that replaces the British-era Code of Criminal Procedure. The BNSS aims to integrate technology into the criminal justice system, ensuring transparency, accountability, and adherence to principles of fairness and justice.
Case Background
The case that highlighted these principles involved an accused under the NDPS Act. The individual was apprehended during the day, and contraband was recovered based on secret information. However, the police failed to record the search and seizure through videography, which the accused argued should have been done to validate the process.
Technological Integration
The BNSS mandates the use of photography and videography during search and seizure operations. This requirement ensures that evidence is documented comprehensively, reducing the chances of discrepancies and enhancing the credibility of the prosecution's case. The court noted that almost everyone carries mobile phones capable of videography, making this practice feasible and necessary.
Judicial Observations
Justice Amit Mahajan underscored that while the absence of videography doesn't automatically nullify the prosecution's case, it introduces doubt regarding its veracity. The court has consistently highlighted the importance of independent witnesses and additional audiovisual evidence, especially given the advancements in technology that make such evidence easily obtainable.
Rationale for Mandating Videography
The court's reasoning for mandating videography and photography during investigations is rooted in the need for better documentation and appreciation of evidence. These practices are globally recognized as best practices for ensuring the integrity of the investigative process. The BNSS stipulates that search and seizure proceedings should be recorded through audiovisual means, preferably using mobile phones, to ensure transparency.
Bail Decision
In the case at hand, the court granted bail to the accused, considering the absence of independent witnesses and the prolonged delay in the trial. The court found reasonable grounds to believe that the accused, with clean antecedents, was not likely to commit any offense while on bail. This decision reflects the court's commitment to upholding the principles of justice and fairness, aligning with the broader objectives of the BNSS.
Implications for the Criminal Justice System
The BNSS represents a significant shift towards a more transparent and fair criminal justice system. By integrating technology into the procedural framework, the BNSS ensures that the investigative process is more accountable and less prone to manipulation. This transformative approach aims to enhance the credibility of the criminal justice system and build public trust.
Broader Context
The BNSS is part of a broader effort to modernize India's legal framework, replacing outdated colonial-era laws with contemporary, technology-driven regulations. This transition reflects the evolving nature of society and the need for the legal system to adapt to these changes. The BNSS, with its emphasis on transparency and fairness, aligns with global best practices and sets a new standard for criminal justice in India.
Conclusion
The Delhi High Court's endorsement of the BNSS underscores its potential to bring about a transformative era in India's criminal justice system. By mandating the use of technology in investigations and emphasizing the principles of transparency and fairness, the BNSS aims to create a more accountable and just legal framework. This progressive step reflects the judiciary's commitment to upholding the rule of law and ensuring that justice is both served and seen to be served.
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