Terrorists, Gangsters Hiding Abroad To Face Trial In Absentia Under New Criminal Laws

Law enforcement agencies said 1,500 offenders, who include Khalistani terrorists, gangsters and drug kingpins, are evading the security glare, reports ETV Bharat's Gautam Debroy.

New Delhi:Several India-born terrorists, economic offenders, drug traffickers and gangsters, taking shelter on foreign soil, will face direct punishment once they are captured or extradited. Thanks to the three new criminal laws which were dedicated to the nation by Prime Minister Narendra Modi in Chandigarh recently.

"Following registration of FIRs against 1500 proclaimed offenders, we will now examine how many of them can be put on trial in absentia," said SS Yadav, director general of Chandigarh police on Sunday. The trial in absentia provision has been incorporated in sections 355 and 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The BNSS has replaced the Criminal Procedure Code (CrPC) of 1973. It allows provision for trial in absentia in certain cases, while the CrPC only allows recording of evidence in the absence of the accused. "We can run a trial against any criminals taking shelter abroad. And once they are captured, they will go through the punishment," said Yadav.

Several Khalistani terrorists, gangsters, drug lords are presently hiding on foreign soil like Canada, UK and USA after committing crimes in India. Yadav was interacting with a team of visiting journalists in Chandigarh. He said that the new laws have given a time-bound deadline through which law enforcement agencies have to register FIRs, file chargesheet and punish the guilty.

"We have distributed 170 tablets to police stations in Chandigarh as of now. Through these tablets, all the police officials have been made aware of the new systems," said Yadav. Prime Minister Modi dedicated the three criminal laws, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, to the nation on December 3.

"We have started implementing all the sections of the new laws in Chandigarh," said Yadav and added that this kind of awareness drive will help the law enforcing agencies as well as the citizens to know about the new laws and their benefits. "We are also ready to organise such an awareness drive in Kumbh Mela in Uttar Pradesh," said Yadav.

During the trip of the journalists from New Delhi, which was organised by the Chandigarh administration, the Senior Superintendent of Chandigarh Police Kanwardeep Kaur gave a detailed presentation of the new criminal laws and its implementation process.

"We have a criminal data network system through which we can identify the criminals hiding anywhere. Artificial Intelligence (AI) also helps us in detecting absconders and criminals through fingerprints and facial recognition" said Kaur. The National Automated Fingerprint Identification System (NAFIS) and Chitrakhoj will help us in detecting the criminals with the help of fingerprint and facial recognition, she said.

The police official said that the entire process of the criminal justice system has become digital. "Starting from e-sumon, prosecution, audio-video recording of the spot of the incident everything has become digital," said Kaur.

She informed that as many as 1179 FIRs have been registered under the new three criminal laws, whereas 245 chargesheet were filed and four accused have been convicted. Under the new criminal laws, within 90 days of a complaint, the victim must be informed about the progress of the case.

Kaur hailed the laws for giving special emphasis to the cases related to crime and women and children. "Under Section 193 (2), the investigation should be completed once the complaint is registered in cases related to crime against women and children," said Kaur.

Police need to file chargesheet within 60 days in cases related to rape and POCSO, said Kaur. Referring to the filing of zero FIR, Kaur said that the new criminal laws have abolished the jurisdiction issue of a crime. "In Chandigarh, we have registered 14 zero FIR as of now this year, and mostly in cases related to rape and POCSO," Kaur said adding "most of the cases come from neighbouring places like Haryana and Delhi." She said that the "Bhasini" app will also help the police stations to file zero FIRs in 22 Indian languages.