Jammu and Kashmir needs IT Act-notified labs, video witness protocols, and medico-legal tech to fully harness the new laws’ potential
As the new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—complete one year of implementation, Jammu and Kashmir has taken several administrative and technological steps to ensure a smooth transition from the colonial-era legal framework. The Government of Jammu and Kashmir, under guidance from the Ministry of Home Affairs (MHA), has put in place mechanisms to adopt these reforms at the grassroots policing level.
To coordinate and monitor this process, a Steering Committee under the Chief Secretary and an Empowered Committee under the Director General of Police (DGP) have been constituted. These bodies ensure continuous review and problem-solving in real time. Fortnightly meetings led by the Chief Secretary and weekly reviews by the Principal Secretary (Home), the DGP, and other top officials reflect the seriousness of the effort. These reports, while for internal government circulation, are central to gauging on-ground impact.
Training programs on the new laws have been ramped up significantly. So far, 975 Gazetted Officers, 60,890 police personnel, and 254 Judicial Officers in Jammu and Kashmir have been trained. 191 Master Trainers have undergone the Training of Trainers (ToT) programme, and 118 officers have been trained at the National Forensic Science University (NFSU), Gandhinagar. The iGoT Karmayogi platform is also being extensively used, with over 50,984 J&K Police personnel having completed 1,21,000 courses, including 1,10,773 modules on the new criminal laws.
The Government has also made strides in regional inclusivity—completing translations of the new laws in Urdu, Dogri, and Kashmiri to ensure better understanding and compliance at the grassroots level. Public awareness has been prioritised, with the Jammu and Kashmir Police conducting joint awareness programmes in all 282 blocks during the second and fourth weeks of every month, in collaboration with other departments.
On the technological front, all CCTNS (Crime and Criminal Tracking Network and Systems) patches have been made functional, including ‘e-Sakshya’, the mobile application that allows Investigating Officers (IOs) to capture and preserve evidence—photographs, videos, and statements—on-site with time-stamps and geo-coordinates. Other digital tools like e-summons, SMS/email notifications, and digital FIR routing have also been integrated to strengthen procedural efficiency.
The e-Sakshya application is particularly noteworthy. It supports compliance with several provisions of the BNSS that require or permit digital documentation, including search and seizure (Section 105), crime scene videography (Section 176), statement recording (Sections 173 and 180), and property custody (Section 497). IOs are required to take a selfie during investigations, making proxy investigations virtually impossible.
Additionally, under Section 176 of the BNSS, the mandatory presence of forensic experts at crime scenes has become a welcome change, particularly in sensitive investigations. While Jammu and Kashmir’s forensic infrastructure still requires enhancement, police officers are now making it a point to involve Forensic Science Laboratories (FSLs) and use dog squads more regularly.
Still, the ground-level execution isn’t without its hurdles. Despite digital storage of evidence on the National Government Cloud (NGC) through Sakshya lockers, courts in J&K are not yet fully integrated into the ICJS for direct access. As a result, IOs continue to rely on pen drives and hard copies to submit electronic evidence, creating duplicative processes and additional costs.
There are also limitations in terms of equipment and internet access. Many police stations across the Union Territory have been allotted just a limited tablet, which is insufficient given that most stations have multiple IOs. Furthermore, e-Sakshya requires Android 10 and a minimum of 1GB of storage, forcing officers to use personal smartphones in many cases. In remote areas with poor connectivity—such as Kupwara, Doda, or Gurez—IOs often struggle to upload files or generate new Sakshya IDs.
In cybercrime cases, the absence of advanced cyber forensic labs in J&K remains a concern. Although e-Sakshya includes cryptographic hash certification to validate electronic evidence, expert forensic interpretation and deposition are needed in court. For that, state-level labs need to be promptly notified under the IT Act.
While Section 530 of the BNSS allows for witness examination through video conferencing, this practice is yet to gain ground in J&K. Similarly, though Section 184 (BNSS) requiring submission of medical reports of rape survivors within 7 days is being scarcely followed, delays in post-mortem reports also persist. A solution may lie in the MedLEaPR platform(being tested in Chhattisgarh), which could digitise and expedite medico-legal reports if implemented in J&K.
As the new laws complete their first year, feedback from field officers, judicial stakeholders, and the public will be essential to streamline implementation. More investment in digital infrastructure, certified forensic labs, mobile FSL units, and capacity building is vital. In a Union Territory like Jammu and Kashmir—where terrain, law enforcement sensitivities, and public trust intersect—the success of these reforms is not only about law but also about ensuring justice reaches every corner.
The writer is a law student at the University of Kashmir
Rohool Banka
ro*********@***il.com