Chief Minister Mamata Banerjee has constituted a seven-member review committee that will suggest amendments to the new law. (PTI/File)
After the law is passed in the Parliament, the rules are established in the states, which has not been done in Bengal so far for Bharatiya Nyaya Sanhita.
The West Bengal government’s delay in formulating rules for Bharatiya Nyaya Sanhita has made investigation of criminal cases difficult, sources in the state administration told News18. All states have almost completed the process of formulating rules for BNS except Bengal.
Mamata Banerjee’s government has opposed three new penal laws – Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, 2023 (BSA). No rule was made in Bengal for BNS. After a law is passed in the Parliament, the rules are established in the states, which has not been done in Bengal so far for Bharatiya Nyaya Sanhita. When the law is enacted by the Legislature, the Executive or the government must establish rules to implement the law.
The Bengal Assembly has passed a resolution against the new law. Chief Minister Mamata Banerjee has also constituted a seven-member review committee that will suggest amendments.
With no rules for the implementation of the law, officials on the ground have to deal with gray areas and confusion, sources said. New cases were recorded under the new law but without rules.
According to BNS, a complaint can be registered orally or through electronic communication regardless of the area where the violation was committed. The complaint will be treated as a ‘Zero FIR’ and will be forwarded to the concerned jurisdiction. If the complaint comes through electronic communication, it will be recorded and entered in the register to be maintained by the official in the form as per the rules laid down by the state government. “Hundreds of cases will come through this method. The lack of rules will make the work of officials difficult. How to keep records, in what format…. there are no defined rules,” said a source.
Sources added that under Section 105, investigating officers must record on audio and video any search and seizure. If there are multiple attacks, the data must be stored on the server, data center or cloud that requires the application. In the absence of such applications, officers store data on pen drives and CDs, increasing costs. The device was not accepted by the court because the court employee said there was no room to store it, no rules had been made for that purpose.
The new law also provides that confiscated property must be photographed and videotaped and then disposed of. The mechanism should be implemented by the government or the courts so that the property is properly disposed of, freeing up space in the police station.
According to the new law, the power of executive judge has been given to DCP and above ranks. So far, the power is exercised by ACPs who are sufficient in number in the Commissioner. Fewer DCPs in the Commissionerate means fewer trials and slower preventive proceedings.
According to BNSS, the necessary process can be carried out through digital technology, such as the issuance of warrants, summons, production of the accused or witnesses through video conference, etc. However, there is no uniform standard protocol. “What format will be followed and how it will be done is not laid out. Other countries have already done this,” said a source in the administration.
Rigorous training has been given to officers on the new criminal law, but the lack of rules has created problems in its implementation. Different police stations have used different methods to manage the situation, which can lead to uniform problems. Experts say problems will also arise when the trial of the case begins.
Commenting on the issue, BJP leader Agnimitra Paul told News18: “They always think that Bengal is not part of India. That’s why they refuse to accept the law and this is an example. People can file a complaint sitting at home. This is in the law, but where to mail etc is the rule of the state should be laid down.Bengal is not done because it will be number 1 in crime.Government should make a rule.
Coming back, TMC’s Riju Dutta said: “The BNS Act was implemented in public without consultation, without taking all stakeholders into account. As a result, it has created mass confusion. There are several places where the Union government can abuse the law for political gain. Bengal Government and TMC has been opposing BNS from day one, just like we are opposing other wrong policies in the country.BJP is trying to do baseless politics on this because they are politically bankrupt in West Bengal state.