Bharatiya Nagarika Suraksha Sanhita,(BNSS) 2023: A Comprehensive Overview

Bharatiya Nagarika Suraksha Sanhita,(BNSS) 2023: A Comprehensive Overview

By SangsLegal

21st February 2024

The Bharatiya Nagarika Suraksha Sanhita, 2023 represents a significant step towards enhancing the efficiency of the Indian justice system. This legislative initiative focuses on key areas such as reducing case backlogs, addressing delays in investigations, integrating technology in legal processes, and promoting the use of forensic methods. By targeting these key areas, this law aims to drive comprehensive reforms aimed at streamlining legal procedures, strengthening the rule of law, and ensuring a more effective judicial system in the country.Major amendments brought about by this legislation are outlined below:

Section 2: Definition

Section 2 of the BNSS now includes new definitions, including 'audio-video electronic means', 'bail', 'bail bond', 'bond', and 'electronic communication'. The definition of 'investigation' has also been revised to specify that if any provisions in a special Act conflict with those in the Sanhita, the special Act will take precedence.

Section 107: new provision of attachment and seizure of properties

A new provision has been added to Section 107 of the BNSS, allowing a police officer to seek approval from the Superintendent or Commissioner of Police to apply to the Court or Judicial Magistrate for the attachment of properties acquired through criminal activities or offenses. The term 'proceeds of crime' is defined in Section 111 of the BNSS, similar to the definition in the Prevention of Money Laundering Act, 2002.

The BNSS expands the authority granted under the CrPC for property seizure, encompassing both movable and immovable properties. Initially limited to the seizure of suspected stolen or suspiciously found movable properties, the BNSS now includes immovable properties as well.

In accordance with Section 497 of the BNSS (equivalent to Section 451 of the CrPC3), a recent amendment has been made requiring the Magistrate to draft a detailed inventory of any property presented within 14 days. This inventory should include a description of the property along with any necessary photographs or videography.

Section 173: Zero FIR

The addition of the phrase "irrespective of the area where the offence is committed" in Section 173 validates the compulsory registration of a "Zero FIR." This indicates that it is the police's duty to register information about the occurrence of a serious crime, irrespective of whether the crime was committed within the jurisdiction of the relevant police station or not. Subsequently, once the Zero FIR is lodged, it must be transferred to the appropriate police station with jurisdiction to carry out the investigation.

This provision enables victims to report crimes promptly, even if they are away from the location where it happened. It also helps in preserving the integrity of the crime scene, reducing the chances of tampering or loss of evidence due to delayed reporting. The Zero FIR provision reinforces the notion that no crime should go unreported or overlooked due to jurisdictional issues.

Section 173(3): Preliminary Inquiry

 According to Section 173(3), a preliminary inquiry is required prior to an investigation for cognizable offenses that carry a punishment of three years or more but less than seven years' imprisonment. This inquiry can only begin after obtaining permission from an officer of no lower rank than Deputy Superintendent of Police, who must assess the nature and seriousness of the offense. To ensure efficiency, the inquiry must be completed within 14 days from the receipt of the information. Once the inquiry is concluded, the police can initiate the investigation if there is sufficient evidence inferred from the preliminary inquiry.

Digitalisation

According to Section 173 of the BNSS, the process of FIR registration can now be done electronically and must be acknowledged within a period of three days. Furthermore, the judicial system has undergone significant changes with the introduction of electronic communication. This allows all legal proceedings, including trials and inquiries, to be conducted electronically. Courts now possess the authority to carry out a range of proceedings through electronic means, such as issuing summons and warrants, conducting inquiries, examining witnesses, holding trials in different courts, handling appellate procedures, and more.

Section 176 : Forensic Investigation

According to Section 176 of the BNSS, criminal offenses that mandate a minimum sentence of seven years imprisonment must undergo forensic investigation. In such cases, the presence of forensic experts becomes essential, who are required to personally visit crime scenes to gather evidence. The process of evidence collection is thoroughly documented using electronic devices, such as mobile phones, as a part of their procedure. In situations where a state is lacking in forensic facilities, it is obligated to seek assistance from another state and make use of their forensic services. These experts hold the responsibility of both gathering evidence at crime scenes and meticulously documenting their procedures.

Detaining Undertrial Persons:

According to the Criminal Procedure Code (CrPC), an accused who has served half of the maximum imprisonment period must be released on a personal bond, except for cases punishable by death. The BNSS further specifies that this provision does not apply to offenses carrying a life imprisonment sentence or individuals facing charges in multiple offenses.

Section 187: new Provision of flexible police custody

The BNSS introduces a provision, Section 187, permitting up to 15 days of flexible police custody. This custody can be utilized periodically within the initial 40 or 60 days of the total 60 or 90 days of judicial custody, respectively. Traditionally, the Constitution and CrPC limit detention in police custody to 24 hours, unless Magistrates deem an extension necessary for up to 15 days. Additional extensions in judicial custody can be granted if required, with the cumulative detention not exceeding 60 or 90 days, depending on the offense. The BNSS modifies this procedure by allowing the authorization of the 15-day police custody to be granted fully or partially at any time within the initial 40 or 60 days of the total custody period.

Medical Examination:

The Criminal Procedure Code requires the medical examination of the accused in certain cases, such as rape, to be conducted by a registered medical practitioner at the request of a Sub-Inspector level police officer. However, the BNSS extends this authority to any police officer, regardless of their rank, to request such an examination.

Section 210(1): Power of the magistrate to consider any offense reported by an individual under a special law

The BNSS now allows a magistrate to consider any offense reported by an individual authorized under a special law, as well as complaints against public servants carrying out their official duties. Prior to taking action, the magistrate must receive a report detailing the incident from the superior officer of the public servant and carefully assess the explanations provided by the public servant regarding the circumstances leading to the alleged incident.

Timelines for procedures

The BNSS2 outlines specific timeframes for different procedures.

Section 230

According to Section 230 of the BNSS, it is mandatory to provide the accused and the victim with copies of police reports and documents within 14 days from the day the accused is produced or appears.

Section 232

Section 232 states that Committal Proceedings should be finalized within 90 days from the date when the court takes cognizance. However, the Magistrate has the authority to extend this period by up to 180 days if there are valid reasons, which must be documented in writing.

Section 250

Section 250 grants the accused the right to file for discharge within 60 days starting from the day of committal.

Section 258

As per Section 258, it is obligatory to deliver a verdict of either acquittal or conviction within 30 days after the completion of arguments. However, in certain circumstances and with specific reasons, this timeline can be extended to a maximum of 45 days.

Section 263

According to Section 263, it is mandated that the charge against the accused should be established within a span of 60 days from the initial hearing on the charge.

Section 346

Section 346 outlines that in order to ensure efficiency; inquiries or trials must proceed consecutively without any breaks until all witnesses have been examined. Additionally, this section sets a limit on the number of adjournments permissible, which is a maximum of 2 per party.

Section 355

Section 355 also introduces an amendment stating that the accused can attend proceedings via audio or video electronic means as per sub section173(2).

sections 289 to 300:Plea Bargaining Scope

The BNSS allows for plea bargaining as outlined in sections 289 to 300. In India, plea bargaining is restricted to sentence bargaining, where a defendant can receive a reduced sentence in exchange for pleading guilty. Defendants must file for plea bargaining within 30 days of the charge being framed.

Section 349 :Signatures and Finger Impressions

According to the CrPC, Magistrates have the authority to request specimen signatures or handwriting samples from individuals. Section 349 of the BNSS expands on this by allowing Magistrates to also collect finger impressions and voice samples. This provision applies to individuals who have not been arrested as part of any investigation.

Section 356: Trial against a proclaimed offender

The BNSS makes a significant contribution with the inclusion of Section 356, which allows for the inquiry, trial, or judgment of a proclaimed offender to proceed in their absence. When dealing with a proclaimed offender who has fled to avoid trial and cannot be apprehended immediately, this section waives their right to be present during the trial. The Court will then proceed with the trial, providing written reasons to justify this decision in the interest of justice, treating the case as if the offender were present.

Additionally, the accused individual is required to appear before the Court of Appeal in order to file an appeal. It should be noted that any appeal against a conviction must be submitted within three years of the judgment.

Section 472(1):  Mercy petition

The BNSS has implemented modifications to the mercy petition procedure by eliminating the necessity for the President to adhere to the council of ministers’ recommendations. This new process permits convicts to submit mercy petitions within a 30-day window triggered by specific conditions, granting the President and the State Governor the authority to assess these appeals.

In instances involving multiple convicts, the superintendent guarantees that all individuals submit a mercy petition within 60 days. Failure to do so by any convict will prompt the superintendent to submit their information and case records to the Central or State Government for review and consideration.

The Central Government evaluates mercy petitions, requests input from state governments, and submits recommendations to the President within a 60-day timeframe. However, the BNSS does not stipulate a specific timelimit for the President to make a decision.

 Section 482:New provision of Anticipatory bail

The BNSS now dictates that individuals facing multiple investigations, inquiries, or trials for different offenses will not be granted bail by the Court. Additionally, the new Section 482 of the BNSS no longer includes the factors necessary for granting anticipatory bail under Section 438 of the CrPC. Sections 438(1A) and (1B) have also been removed.

Section 530: Use of electronic communication in legal process

Section 530 of the BNSS now permits all trials, inquiries, and legal proceedings, including issuing, serving, and executing summons and warrants; examining complainants and witnesses; recording evidence in inquiries and trials; and conducting all appellate or other proceedings, to be conducted electronically via electronic communication or audio-video electronic means.

Conclusion:

In summary, the Bharatiya Nagarik Suraksha Sanhita of 2023 aims to modernize the criminal justice system in India and expedite the process by implementing substantial reforms that safeguard the rights of citizens. This legislation prioritizes both the provision of justice and the protection of Indian citizens' rights. The enforcement of the Bharatiya Nagarik Suraksha Sanhita, 2023 will facilitate the prompt delivery of justice.

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