On the ground, videos of new arrests a challenge for Delhi police

Under the BNSS Section 105, police will now have to record videos and click photos of spots, searches and seizures as well

Chasing a gang that allegedly committed three armed robberies in north Delhi, the Delhi Police reached Jind and Kundli in Haryana on Wednesday. The police team successfully arrested all the three suspects. However, the operation thereafter turned complicated as the new criminal law code mandated videography for all searches, arrests and seizures, the investigating officers said on Friday.

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The officers faced significant challenges when they tried to comply with the Bharatiya Nagarik Suraksha Sanhita rules in a sensitive area, where they were surrounded by locals and there was a huge risk of the suspects fleeing, they added.

The three new criminal laws — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) — were implemented on July 1. Under the BNSS Section 105, police will now have to record videos and click photos of spots, searches and seizures as well.

A few other investigating officers, who made arrests in the last five days, said that the process of videography can last up to 30-40 minutes. It can become a challenge outside Delhi in cases of illegal liquor trade arrests or raids as well as in cases of cyber fraud (for example at Jamtara in Jharkhand) and gang war as the public can intervene during videography, resist the arrest of the accused or tamper with the evidence, they added.

In north Delhi, the gang members arrested from Haryana targeted at least four victims since June 25 with their pistols and managed to decamp with cash and jewellery. More than 200 CCTVs were examined, following which police reached Haryana, investigators said. DCP (north) Manoj Meena confirmed that the team made all the three arrests.

An investigating officer on condition of anonymity said, “They belong to Sirsa and Jind, where we do not have any control over law and order. Also, intimating the local staff could risk the operation. Earlier, we would make quick arrests and leave the village immediately. However, on Wednesday, we had to stay back at Jind and Kundli Industrial Area for almost an hour after the arrests. It was risky because villagers gathered and interrupted the videography. For a moment, I thought the locals would try to rescue the accused. We made videos quickly and rushed towards our vans.”

He added, “The men were caught with 16 phones. The villagers kept asking questions and were calling more people. We were scared that anyone could tamper with the evidence. Videography in raids outside Delhi is tough.”

On Tuesday, a team under DCP (Outer) Jimmy Chiram caught a bootlegger and raided his Hyundai i10 car to recover 16 cartons of illicit liquor. An investigator, who was part of the raiding team, said, “There was not much time to document everything. Accused, Ishu Lakra, 22, was trying to flee, but we had to control him and also record the video. We do not have clear mandates on when to shoot the video. So, we made the video as soon as we arrested him. There is always a risk. We can’t take calls, can’t record witness statements and have to stand at one place to record videos for 15-20 minutes. It’s tough as locals gathered and they were trying to see the liquor seizure operation and our team.”

Delhi Police’s Crime Branch faced similar woes while arresting a member of Bawariya gang at Jahangirpuri in Delhi.

“While the case was lodged before July 1, we were asked to conduct videography to learn the new mandate. When our teams went about to arrest gangster Mangal Singh on Saturday, we faced difficulties as he was hiding in a congested colony. A constable told me that people tried to block their way and a few were resisting arrest,” said a senior officer on condition of anonymity.

Local staff present at fire spots at East of Kailash in south Delhi on Thursday and in Shahbad Dairy on Monday also complained that there was a risk of shooting videos inside gutted buildings as the structures can collapse.

A Delhi Police spokesperson, who is also a member of the training department who helped teach new laws to officers, said, “There will be a few hiccups. Also, laws do not state how long or short the video must be. We will take review from investigating officers and sketch guidelines accordingly. There will be changes. We are yet to learn everything.”