Bharatiya Nagarika Suraksha Sanhita, 2023

14 February, 2024

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Introduction

The Code of Criminal Procedure (Cr.P.C.) was enacted in 1973 and came into force on April 01, 1974, with a motive to consolidate and amend the law relating to criminal procedure. It is a procedural law that governs the procedure for prosecution, arrest, investigation, and bail for offences as well as acts as a guide to register a complaint, pass an order, file an appeal, and conduct a trial. Being a bedrock of India’s criminal justice system, the provisions under the Cr.P.C. 1973, help in providing a fair opportunity to an accused so that a fair trial is conducted as per the principle of natural justice. Recently, three new criminal laws were introduced by Amit Shah, Minister of Home Affairs, the Bharatiya Nagarika Suraksha Sanhita Bill, 2023, Bharatiya Sakshya Bill, 2023, and Bharatiya Nyaya Sanhita Bill, 2023, to replace the existing Code of Criminal Procedure, 1973, Indian Evidence Act (IEA), 1872, and Indian Penal Code, 1860 respectively. The Union Minister, during his speech in Lok Sabha, highlighted three main objectives of introducing the aforementioned criminal laws, to replace the colonial-era laws, transform the criminal justice system of India, and protect the rights of citizens by focusing on delivering justice rather than punishment. Concerning this, Prime Minister Narendra Modi, in a thread post on X (earlier known as Twitter), said “The passage of Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 is a watershed moment in our history. These Bills mark the end of colonial-era laws. A new era begins with laws centered on public service and welfare.” In this article, we will discuss key provisions and changes in the Cr.P.C. 1973, identified after proposing the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023.

Bharatiya Nagarika Suraksha Sanhita, 2023

In India’s criminal justice system, Cr.P.C. 1973 is a step-by-step mechanism that ensures a fair trial and prevents delay in the investigation and trial processes. Over the years, it underwent various amendments to cope with the changing needs and demands of contemporary India. Despite the amendments, there were certain aspects of the criminal justice system such as trial delays, low conviction rates, preliminary inquiry, backlogs, limited technology interaction, and others that require attention. Considering this, the Minister of Home Affairs introduced the Bharatiya Nagarika Suraksha Sanhita Bill, 2023 on August 11, 2023, in the Lok Sabha. The bill was withdrawn on December 12, 2023, and the Bharatiya Nagarika Suraksha (Second) Sanhita Bill, 2023, was introduced in the Lok Sabha on the same day. Further, on December 20, 2023, and December 21, 2023, the Bharatiya Nagarika Suraksha (Second) Sanhita Bill, 2023 was passed in Lok Sabha and Rajya Sabha respectively. Following this, the Bharatiya Nagarika Suraksha (Second) Sanhita Bill, 2023, received the assent of President of India Droupadi Murmu on December 25, 2023. Now, let us understand the key provisions and changes proposed by the introduction of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Key Provisions and Changes

The new law consists of 533 Sections in total instead of 484 Sections as of Cr.P.C. and gives precedence to digital transformation such as the use of forensic sciences and technology in the investigation process. BNSS, 2023 allows FIR registration via electronic communication as well as it allows all legal proceedings to be conducted electronically. Moreover, Section 355 of the BNSS, 2023 illustrates that personal attendance of the accused through audio-video electronic means is considered. Some of the key changes are illustrated as follows:

Section 2 of the BNSS has been expanded with the introduction of new definitions such as ‘audio-video electronic means’, ‘bail’, ‘bail bond’, ‘bond’, and ‘electronic communication’. The definition of ‘investigation’ has been updated with an explanation that clarifies that “Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail”.
The phrase ‘irrespective of the area where the offence is committed’ in Section 173 of the BNSS, 2023 validates the mandatory registration of a zero FIR. Section 173 states that “Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station.”
The BNSS, 2023, allows forensic investigation for offences punishable with at least 7 years of imprisonment. Section 176(3) of the BNSS states that “On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on a mobile phone or any other electronic device: Provided that where the forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilization of such facility of any other State.”
The BNSS, 2023 prescribes specific timelines for different legal procedures to overcome delays in investigation and trials. These timelines are highlighted under Section 230 (provides copies of police reports, confessions, FIR, and other documents to victims and accused within 14 days from the date of production), Section 232 (completion of committal proceedings within 90 days from date of taking cognizance), Section 250 (an accused can apply for discharge within 60 days from the date of committal), Section 258 (judgment of acquittal or conviction within a period of 30 days from the date of completion of arguments), and Section 263 (the charge against the accused should be framed within 60 days from the date of first hearing on charge).
Section 349 of the BNSS expanded the scope of the power of a Magistrate to order the person to give specimen signatures or handwriting as it empowers the Magistrate to ask for voice samples and finger impressions too.
Section 356 of the BNSS introduced ‘Inquiry, trial, or judgment in absentia of the proclaimed offender’ which was not permitted under the provisions of Cr.P.C. It states that “Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment.”

Moreover, the new law gives authority to any police officer to request a medical examination of the accused irrespective of their level which was, under the provision of Cr.P.C., given only to a Sub-Inspector level police officer. It also broadens the scope of police powers in property seizure by including immovable properties. Apart from these changes, there are certain other noteworthy additions and modifications made in the existing Cr.P.C. 1973 with the introduction of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Conclusion

The Bharatiya Nagarika Suraksha Sanhita, 2023 is an attempt to modernize the criminal justice system of India and fulfill the needs of an evolving society. It not only emphasize on delivering justice but also helps in protecting the rights of Indian citizens. The enforcement of Bharatiya Nagarika Suraksha Sanhita, 2023 law will help in delivering justice at the earliest possible time.