• First day of BNS implementation marks new era in Kashmir justice
• IGP Kashmir reviews comprehensive review of implementation of new laws
• First FIR registered at PS Bijbehara in Kashmir Zone
Srinagar, July 1: Director General of J&K Police R.R. Swain on Monday stated that the newly implemented criminal laws under the ‘BharatiyaNyaySanhita’ (BNS) are designed to balance the enforcement of law and order while upholding constitutional values.
Speaking to reporters at Police Headquarters in Srinagar, Director General of Police R.R. Swain said that the new laws under the ‘BharatiyaNyaySanhita’ (BNS) are well-balanced, respecting constitutional values and morality.
Speaking at the Police Headquarters in Srinagar, Swain emphasized that these laws are essential for improving public safety, security, and national integrity.
“These laws aim to enhance our ability to combat terrorism while respecting constitutional values and morality,” Swain stated. He noted that the BharatiyaNyaySanhita provides a clear legal framework to address cross-border terrorism in Jammu and Kashmir. The laws include a precise definition of terrorism, empowering authorities to take stringent measures against activities originating from beyond international borders.
“The BharatiyaNyayaSanhita includes a dedicated section to combat organized crime, ensuring no space for unlawful activities orchestrated by syndicates threatening the country’s internal security,” he added.
“We understand that it is now our responsibility to ensure these reforms achieve their full potential. This places a significant responsibility on the J&K police, which have been combating terrorism for the past 35 years, depleting our core investigative foundation,” he added.
The police chief also highlighted the importance of a stable environment for effective law enforcement, stating that public peace, security, and order are prerequisites for investigators, witnesses, prosecutors, and trial courts to perform their duties without fear.
Regarding the new laws’ potential to support J&K Police, Swain remarked that these laws serve as a booster and significant enabler.
“We are investing heavily in the quality training of our investigating officers, prioritizing good investigations, and ranking districts on various law enforcement parameters to encourage healthy competition.”
He said new laws require more from our existing resources, necessitating the strengthening of our verticals, primarily through embedding law officers in our core investigative framework. We have requested the Home Department to provide us with 321 law officers at various levels.
DGP Swain further stated that the police have been granted greater legal authority in certain domains, accompanied by increased responsibility, particularly in utilizing CCTVs with real-time capabilities.
“It is now mandatory to maintain records of arrested persons with grounds for arrest at both the police stations and district levels. These records must be digitally displayed, enhancing transparency and accountability in law enforcement procedures,” he added.
DGP Swain also mentioned that the new arrangement requires addressing issues such as infrastructure investment, data security, and preventing technology misuse.
“Senior police officers agree that quality training of police personnel, particularly in forensics, is essential. We need to strengthen and expand our pool of personnel integral to our police station setup, including forensic experts for handling digital evidence and devices,” he added.
RR Swain expressed gratitude for the support received in implementing the new laws. “I am grateful to all of you for the constant support and guidance provided in fulfilling our requirements for the implementation of these laws.
“These new laws represent a paradigm shift in our approach to justice. They reflect the country’s commitment to an efficient, effective, fair, and transparent system, aligned with the aspirations of a rising and aspiring India.”
DGP RR Swain said that during the past three decades, around 45,000 people have been killed, including 6,000 security personnel.
The truth will come out only if we work without fear,” he said. “The law works best when there is little or no fear. If fear takes over, criminals will say that laws don’t exist, he said.
The Police Chief further stressed the need to reduce fear to ensure the rule of law. Both police and security forces security forces have been effectively combating bomb and gun violence.
“But now with the implementation of new laws it is an enabler, a helper framework by which we can fight those who have disturbed the law and order under the rule of law with responsibility keeping in view our limitations and punish them accordingly in the court of law,” he said.
About encounter and search operations conducted in new areas where there is less terrorism, he said local involvement is minimal and at an all-time low. He noted that foreign terrorists are attempting to infiltrate the area for terrorist activities.
DGP further added that across the border, there are terror factories, camps, and organizations operating, which support their activities and businesses.
Meanwhile, Inspector General of Police Kashmir Zone, V.K Birdi visited police station Kothibagh& other police stations of the district Srinagar & took a comprehensive review of the working of the stations with regard to implementation of new criminal laws (BNS) and the Evidence Act.
A police spokesman said during his visit, IGP V.K Birdi interacted with the officers and staff of these stations and emphasized on maintaining high standards in law enforcement to uphold the public safety and security.
“The status of integration of the Crime and Criminal Tracking Network & Systems (CCTNS) and other digital applications was also examined IGP during the inspection,” he said.
IGP Birdi expressed satisfaction with the dedication and commitment displayed by the police personnel towards their duties. He reiterated that Jammu and Kashmir Police is committed to uphold the rule of law and ensure justice for all the citizens.
“The police also registered FIR No. 143/2024, was registered under Section 125(a) and 281 of the BharatiyaNyayaSanhita 2023 at Police Station Bijbehara, Anantnag being the first FIR registered in Kashmir Zone,” he said.
During the first day of 3 criminal laws implementation, Jammu & Kashmir Police registered the first FIR’s under the BNS in Anantnag, Srinagar, Baramulla, Kulgam& Police District Sopore. This historic event marks the beginning of a new era in the justice delivery system within the Kashmir Zone.
As per police, FIR No. 143/2024, was registered under Section 125(a) and 281 of the BharatiyaNyayaSanhita 2023 at Police Station Bijbehara being the first FIR registered in Kashmir Zone. Similarly, in Srinagar district, first case vide FIR No. 22/2024 under sections 303 BNS and 135 (1) Electricity Act was registered at Police Station Chanapora.
Similarly in Baramulla Police has also registered the first case under FIR No. 93/2024, filed under sections 303(2) and 329(3) under the BharatiyaNyaySanhita (BNS) at Police Station Kreeri.
“In Police District Sopore, the first case vide FIR No. 25/2024 under Section 223, 303 ii and 326A of the BharatiyaNyayaSanhita 2023 has been registered at Police Station Panzla. Kulgam Police also registered the first case vide FIR No 47/2024 under sections 74, 115(2) BNS (BhartiyaNyayaSanhita) at Police Station Yaripora,” it said.
The three new criminal laws came into effect on Monday (July 1). The BharatiyaNagarikSurakshaSanhita, 2023 (BNSS) will replace the Criminal Procedure Code (CrPC); the BharatiyaNyayaSanhita (BNS) will replace the Indian Penal Code; and the BharatiyaSakshyaAdhiniyam will replace the Indian Evidence Act.
The three laws were passed in parliament in December 2023. The focus on justice rather than punishment and are aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasising “access to justice by all”.
Meanwhile, Additional Director General of Police, Jammu, Anand Jain, on Monday said the three new criminal laws introduced in the country are fully capable to deal with Pakistan-sponsored terrorism in the Union Territory.Talking to reporters on the sidelines of ‘Thana Diwas’ function at a police station here, the ADGP said the two important things of the new criminal laws are justice in place of punishment and security which means that the new laws will not only punish the guilty but also provide justice to the victims.
The ADGP said the zero FIR concept and complaint disposal within 15 days will add accountability, adding the victim needs to be informed about the status of their complaint and withdrawal of prosecution within 90 days which will bring more transparency.