Source: The Economic Times

Introduction

Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) is one of the three criminal law bills introduced by the Union Government to replace the Criminal Procedure Code, 1973 (CrPC). BNSS was passed in Lok Sabha on 20^th December 2023 and in Rajya Sabha on 21^st December 2023. On 25^th December 2023, the President gave her assent to the three new criminal code bills.

What are the Major Changes Introduced in the Bhartiya Nagarik Suraksha Sanhita, 2023?

The BNSS retains most of the provisions of the CrPC. Some of the major changes include:

• Detention of undertrials:
  • As per the provisions of CrPC, if an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond. This does not apply to offences punishable by death.
  • The BNSS further adds that this provision will also not apply to offences punishable by life imprisonment, and persons against whom proceedings are pending in more than one offence.
• Medical examination:
  • The BNSS provides that any police officer can request for the medical examination of the accused in certain cases, including rape cases.
  • Whereas CrPC allowed such examination by a registered medical practitioner on the request of at least a sub-inspector level police officer.
• Forensic investigation:
  • The BNSS mandates forensic investigation for offences punishable with at least seven years of imprisonment. In such cases, forensic experts will visit crime scenes to collect forensic evidence and record the process on mobile phone or any other electronic device. If a state does not have a forensics facility, it shall utilize such facility in another state.
• Signatures and finger impressions:
  • The CrPC empowers a Magistrate to order any person to provide specimen signatures or handwriting.
  • The BNSS expands this to include finger impressions and voice samples. It allows these samples to be collected from a person who has not been arrested.
• Timelines for procedures:
  • The BNSS prescribes timelines for various procedures. For instance, it requires medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days.
  • Other specified timelines include giving judgement within 30 days of completion of arguments (extendable up to 45 days), informing the victim of progress of investigation within 90 days, and framing of charges by a sessions court within 60 days from the first hearing on such charges.
• Hierarchy of Courts:
  • The CrPC empowers the state governments to notify any city or town with a population of more than one million as a metropolitan area. Such areas have Metropolitan Magistrates.
  • The BNSS removes the classification of metropolitan areas and Metropolitan Magistrates.
• Use of Handcuffs:
  • The BNSS permits the use of handcuffs in various cases, including organized crime, which contradicts directives laid down by the Supreme Court.
• Police Custody:
  • The BNSS allows up to 15 days of police custody, which can be authorized in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. This may lead to denial of bail for the entire period if the police has not exhausted the 15 days custody.
• Bail:
  • The CrPC provides for bail for an accused who has been detained for half the maximum imprisonment for the offence.
  • The BNSS denies this facility for anyone facing multiple charges. As many cases involve charges under multiple sections, this may limit such bail.
• Terminology:
  • It replaces outdated terminology with more people friendly language, reflecting a humane approach.

Way Forward

This legislative stride positions India towards a more equitable, accessible and efficient legal framework. The journey of legal reforms has begun, and these pioneering laws promise a future where justice is not only served but is genuinely inclusive and reflective of the dynamic fabric of our nation.