For Madhya Pradesh police, the new Criminal Code leads to a pendrive problem

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In an unusual financial strain, police stations across Madhya Pradesh have been spending thousands of rupees on pen drives every month. The reason? A new legal mandate under the Bharatiya Nyaya Sanhita (BNS) requires all case-related evidence - statements, crime scene recordings, and forensic data - to be submitted in a pen drive, and not through CDs or paper records.


While digitisation aims to streamline legal proceedings, the burden of purchasing these storage devices has landed squarely on the shoulders of police personnel, who often find themselves paying out of their own pockets. With an 8GB pen drive costing roughly around ₹300, and investigations often requiring multiple devices, the change in norm has become a source of concern across stations.

"You Have to Do It, Sir!"

Sub-Inspector BS Kalpuria at Bhopal's Kotwali Police Station has been serving for years and now investigates multiple cases under the new law. But the shift from paper to digital evidence has come at an unexpected cost.


One case requires at least three pen drives to put together the evidence.


"You have to do it, sir!" Mr Kalpuria said. 

The Digital Shift - An Expensive Affair

Under Section 65B(4) of the Indian Evidence Act, any electronic evidence, including pen drives, must come with a certificate verifying its authenticity. Previously, CDs were used, but they have become difficult to find and use, forcing police to switch to pen drives. 


The Bharatiya Nagrik Suraksha Sanhita (BNSS) of 2023 has provisions for recording evidence through audio-visual means. This includes recording crime scenes. 


According to the BNS, particularly Section 105, evidence collected during a search and seizure operation must be recorded via audio-video electronic means, like a mobile phone, and stored on a device like a pen drive, essentially making the pen drive a medium to present the recorded evidence in court; this is mandated to ensure transparency and accountability in the investigation process. 


Constable Pushpendra Prajapati echoed the struggle: "Earlier, CDs worked fine, but now we have to buy pen drives. Sometimes, we have to pay from our own salary."


Constable Joginder Singh added: "At least three pen drives are required per case, costing between ₹500-₹600. Right now, we're managing from our own pockets."

Case Files on Pen Drives: A Costly Change

Sub-Inspector Prem Narayan (30) acknowledged the administrative burden. "Each case requires a minimum of two pen drives - one for the court and one for our records. If the accused's lawyer demands a copy, we need a third. We buy them ourselves because evidence collection is our responsibility," he said. 


Since July 1, 2024, every police station has had to purchase its own pen drives

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Each time a case is registered, the victim's and witnesses' statements are recorded on video and stored in a pen drive, which is then presented in court along with all case documents.

Top Cop Acknowledges Shortage

Bhopal Police Commissioner Harinarayanchari Mishra admitted a resource constraint.


"Resources are being arranged, but initially, some police stations may face difficulties. The process of procuring equipment is ongoing," he said. 


Legal professionals said the police should not have to bear this financial burden.


Government advocate Rajendra Upadhyay said: "The police are struggling because they lack a formal budget for pen drives. Yet, all evidence must now be submitted electronically."


Retired DGP SC Tripathi said: "If pen drives were made mandatory, arrangements should have been in place. The government spends crores on welfare schemes like 'Ladli Behna,' yet police stations don't have funds for a ₹300 pen drive!"


A recent Union Home Ministry report revealed that between July 1 and September 3, 2024, 5,56,000 FIRs were registered under the new penal code - an average of 7,400 FIRs per day. At this rate, police stations across Madhya Pradesh alone would need to spend ₹25 lakh every month on pen drives.


Technology is making legal proceedings more efficient but the cost of implementation has clearly caught law enforcement off guard. Until the government formally allocates a budget for this, policemen will continue to foot the bill for their own investigations - one pen drive at a time.