In continuation to our series of books on the newly inducted laws, particularly the Bhartiya Nagarik Suraksha Sanhita, 2023, post the launch of the book titled, 'Fundamental Rights and Law of Complaint & FIR to Bail/ Quashing, Remand - Search & Seizure - Proclamation under BNSS 2023 & CrPC (1973); a pressing need arose to elucidate the provisions of the BNSS, 2023 keeping in perimetry, the process of Investigation as defined and covered under BNSS, 2023 & BSA, 2023.
For the inception of provisions of CrPC since 1898, and pursuant to since 1973 onwards; several amendments were brought into being and likewise under the Indian Evidence Act, 1872; which incorporated crucial amendments to preclude any culprit from going unpunished. The introduction of BNSS, 2023 has ushered in a new era since its inception, with an attempt being made to set forth the investigation in a 'time line' process which can always be said to be laid in the form of a mandate wherein the timeline initiates from the registration of the FIR as per the Section 173 of BNSS, 2023.
Besides, the new law emphasises Electronic Evidence, DNA Evidence, and the usage of Forensic Evidence which are crucial in determining and establishing concrete evidence before the court; regardless of the timelines being provided, a deficiency of rules and guidelines to be adhered to, being left to the states to be framed creates an apprehension of the misuse of the said timelines. A timeline once furnished, always exists in the form of a mandate, forbidding any leeway. In such a case, a Standard Operating Procedure gains significance. Such procedures form the foundation of any investigation and collection of evidence be it in the Digital Format, DNA, Forensics, or otherwise; that assist the investigating agencies in apprehending criminals and making them face trial. The author has endeavoured to enlighten his readers about the collective procedures of the investigation as per the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023; furthermore, explaining the comparative study of the provisions of BNSS, 2023 vis-a-vis CrPC, 1973 and so as well provisions of the Bhartiya Sakshya Adhiniyam, 2023 and the Indian Evidence Act, 1872.
The book is authored to aid the Investigating Agencies, Judicial Officers, Directorate of Prosecution, Lawyers and Students in enriching and possessing enhanced understanding of the provisions laid down under BNSS, 2023. The book encompasses and elucidates the landmark judgements on FIR, Investigation, Confession and recording, Search & Seizure, Trap Cases, MCOCA, GST, PMLA, UAPA, NDPS, Forensic, Electronic, Digital Evidence, Finger Prints, "Evaluating Medical Evidence" & Collection & Preservation of DNA Evidence, "Evaluating & Admissibility of Digital & Electronic Evidence" "SOP on Audio - Video Recording" & "27 Standard Operating Procedures" necessary to be followed by the investigating agencies during the investigation.