Police station may not be designated for examination of witnesses through electronic means: clarifies MHA

By Dhiraj Beniwal
New Delhi [India], July 15 : Ministry of Home Affairs (MHA) clarified on Monday that the police station or the place under control of police department may not be designated as the place of examination of witnesses through audio-video electronic means.
A letter has been issued to Chief Secretaries of all States and Union Territories regarding the same.
Earlier today, advocates from all district Bar Associations of Delhi abstained from judicial work to protest against some provisions of the three new laws enacted by the Central Government.
Three new laws have been in force since July 1.
Bhartiya Nagrik Surkasha Sanhita (BNSS) had provided for examination of witnesses in the police station through audio-video electronic means.
A letter issued by the MHA on June 13, 2024, regarding notification to be issued by the State Government relating to a designated place for examination of witnesses through audio-video electronic means as mandated under section 265, section 266 and section 308 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Now the position has been clarified by issuing a letter by Home Secretary Ajay Bhalla.
"In this regard, it is clarified that for the purposes of above sections, the police stations or the place under the control of Police Department may not be designated as place for examination of witnesses through audio-video electronic means," the letter reads.
After the clarification, the advocates of all Delhi Bar Association have recalled their absenteeism from work on Tuesday.
Under the new criminal laws, which came into force on July 1, 2024, FIR is to be recorded within three days of complaints submitted through electronic communication, providing impetus to the initial phase of criminal cases. The competent court has to now frame charges within sixty days from the first hearing on the charge.
A novel inclusion in the new criminal laws is the introduction of trial in absentia against proclaimed offenders after ninety days from charge framing, expediting proceedings and ensuring timely delivery of justice to victims and society at large.
The criminal courts have now been mandated to pronounce judgements within 45 days after a trial stands concluded to ensure swift justice delivery. Further, the said courts have to upload the judgement within seven days from the date of pronouncement, on their respective portals, improving access to justice for all.