On August 11, 2023, Mr. Amit Shah, the Minister of Home Affairs and Minister of Cooperation, made a historic step by introducing three revolutionary bills in the Lok Sabha, with the goal of updating and fortifying India’s legal system. One among the three bills was, The Bharatiya Nagarik Suraksha Sanhita Act, 2023 which was passed on December 21, 2023, (Bnss act 2023) demonstrates the government’s unwavering commitment to reforming the criminal justice system. This act represents a significant change toward a just and impartial legal system that prioritizes the welfare of its citizens.
In order to address issues of delayed justice delivery due to complex procedures, a high caseload in courts, low conviction rates, low use of technology in the legal system, interruptions in the investigation, and inadequate use of forensics, the BNSS CRPC, in particular, was introduced with the goal of creating a faster and more efficient justice system.
Bharatiya Nagarik Suraksha Sanhita Act
- Designed to replace the Criminal Procedure Code of 1898, the Bharatiya Nagarik Suraksha Sanhita Act of 2023 (New criminal law) begins extensive changes in its 533 sections. The measure is notable for amending 160 sections, adding 9 new sections, and eliminating 9 sections.
- This new act reflects the administration’s aim to bring the law into compliance with 21st-century needs by emphasizing legal frameworks that give citizens priority, incorporate gender neutrality, welcome digital modernity, and place an emphasis on justice rather than solely punitive measures.
Bharatiya Nagarik Suraksha Sanhita Act: Its Significance
- Introduction of Electronic FIR.
- Introduced a preliminary inquiry for offenses punishable by three years to less than seven years.
- The BNSS has streamlined the definition of bail.
- First-time defendants are granted early release on bond.
- Simplified bail in acquittal proceedings.
- In plea negotiations, first-time offenders will receive a lenient penalty (between one-fourth and one-sixth of the maximum sentence).
- Witness protection program established.
- A clause allowing for no more than two adjournments was introduced.
Bharatiya Nagarik Suraksha Sanhita Act: Important Key Reforms and Changes
- Provision for Bail: A bail provision is included in the BNSS Act if the offender completes half of the maximum sentence while awaiting trial.
- Provision for Gender-neutral approach: A few offenses are meant to be gender-neutral.
- Provision for Enhanced Integration of Technology: The proposed modifications place a strong emphasis on using technology more frequently in court cases. This involves using electronic methods to record depositions, especially those of public servants and law enforcement officers, and to conduct trials and appeals. The remarks made by accused parties may also be recorded through video conference. Summonses, warrants, documents, police reports, as well as statements of evidence, can all be found in electronic format.
- Provision for Incorporating Communication Instruments: Through the Act, “communication devices” are included in the definition of electronic communication. People may be asked to produce any document or device that contains digital evidence for investigation under court or police orders.
- Provision for Scheduling for the Investigation and Trial: The charge sheet has to be submitted within ninety days, but depending on the circumstances, the court may allow an extra ninety days. The investigation has to be finished and submitted for trial within 180 days. Within 30 days, the judgment must be given.
- Provision for New Offenses and Punishments: A woman faces up to 10 years in prison if she marries someone while hiding their identity or has sexual relations with them under false pretences of marriage, career advancement, or employment. There is a provision for the death penalty in cases of rape involving minors, however there is a provision for a punishment of 20 years or life imprisonment in cases of gang rape.
- Provision for ZERO FIR: To guarantee that the accused and the victim have free access to a copy of the FIR within fourteen days after the accused’s appearance or date of production, a new law has been introduced. The Act also allows a Zero FIR to be filed from anywhere in the nation through electronic medium.
- Provision for Attachment and Seizure of Property: Addressing the attachment and seizure of property connected to the proceeds of crime, a new section has been included.
- Provision for Regulation on the Use of Handcuffs: Police may be allowed to use handcuffs during an arrest in situations including repeat offenders who have previously evaded detection or committed major crimes such as acts of terrorism, organized crime, or crimes against the state.
- Provision for Sanction of Prosecution: Once the government receives a request, it has 120 days to determine whether to approve or reject the prosecution of a public servant. If this isn’t done, automatic sanctions will be applied. In situations where the offenses include sexual offenses or human trafficking, sanctions are not required.
- Provision for Mercy Petition in Sentence of Death: The Act lays out guidelines for when people can file petitions for mercy in situations where death sentences are involved. Within 30 days of receiving notice from prison officials of the disposition of a death row convict’s petition, the convict, their legal heir, or a relative may petition the governor for mercy. If rejected, the individual has 60 days to file an appeal with the President. There is no way to challenge the President’s decision in court.
- Provision for Definition of Terrorism: The law defines a definition for terrorism.
- Provision for Non-Arrest Sampling: The modifications allow magistrates to conduct investigative actions without the need to arrest people by requiring them to produce samples of their voice, handwriting, signature, or finger impressions.
- Provision of In Absentia Trials: In particular, strict anti-terrorism laws such as the Unlawful Activities (Prevention) Act (UAPA) define the groundwork for trials in absentia. In certain situations, the burden of proof changes to the accused, who must demonstrate or prove their innocence as opposed to the state, which must establish guilt.
Difference Between the Criminal Procedure Code (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act
The difference between Crpc vs bnss is as follows:
| Criminal Procedure Code (CrPC) | Bharatiya Nagarik Suraksha Sanhita (BNSS) Act |
| This code had the provision of “Metropolitan areas” under Section 8. | This Act has deleted the provision of “Metropolitan areas”. |
| This code had the provision of “Subordination of Assistant Sessions Judges” under Section 10. | This Act has deleted the provision of “Subordination of Assistant Sessions Judges”. |
| This code had the provision of “Courts of Metropolitan Magistrates” under Section 16. | This Act has deleted the provision of “Courts of Metropolitan Magistrate”. |
| This code had the provision of “Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate” under Section 17. | This Act has deleted the provision of “Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate”. |
| This code had the provision of “Special Metropolitan Magistrates” under Section 18. | This Act has deleted the provision of “Special Metropolitan Magistrates”. |
| This code had the provision of “Subordination of Metropolitan Magistrates”. | This Act has deleted the provision of “Subordination of Metropolitan Magistrates”. |
| This code had the provision of “Jurisdiction in the case of juveniles” under Section 27. | This Act has deleted the provision of “Jurisdiction in the case of juveniles”. |
| This code had the provision of “Notice of appearance before police officer” under Section 41A. | This Act has included the provision of “Notice of appearance before police officer” under Clause 35. |
| This code had no such provision. | This Act has introduced a new Clause 105 which provides “Recording of search and seizure through audio-video electronic means”. |
| This code had no such provision. | This Act has introduced a new Clause 107 which provides “Attachments, forfeiture and restoration of property”. |
| This code had no such definition. | This Act has introduced a new Clause 111 which provides a “Definition of Terrorism”. |
| This code had the provision of “Power to prohibit carrying arms in procession or mass drill or mass training with arms” under Section 144A. | This Act has deleted the provision of “Power to prohibit carrying arms in procession or mass drill or mass training with arms”. |
| This code had the provision of “Inspection of weights and measures” under Section 153. | This Act has deleted the provision of “Inspection of weights and measures”. |
| This code had no such provision. | This Act has introduced a new Clause 173 “Statutory Mandate to ZERO FIR”. |
| This code had no such provision. | This Act has introduced a new Clause 336 which provides “Evidence of public servants, experts, police officers in certain cases”. |
| This code had no such provision. | This Act has introduced a new Clause 356 which provides “Inquiry, trial or judgment in absentia of the proclaimed offender”. |
| This code had the provision of “Metropolitan Magistrate’s Judgment” under Section 355. | This Act has deleted the provision of “Metropolitan Magistrate’s Judgment” |
| This code had the provision of “Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code” under Section 357B. | This Act has deleted the provision. |
| This code had no such provision. | This Act has introduced a new Clause 398 which provides a “Witness Protection Scheme”. |
| This code had the provision of “Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court” under Section 404. | This Act has deleted the provision. |
| This code has the provision of “High Court’s order to be certified to lower Court” under Section 405. | This Act has the provision of “High Court’s order to be certified to lower Court” under Clause 445. |
| This code had no such provision. | This Act has the provision of “Mercy Petition in death sentence cases” under Clause 472. |
| This code had no such provision. | This Act has introduced a new Clause 530 which provides “Trial and proceedings to be held in electronic mode”. |
Bharatiya Nagarik Suraksha Sanhita Act: Challenges in the Way
- Even though technology is being used more often, there is always potential for abuse and exploitation. Digital evidence’s admissibility could unintentionally enable the presentation of falsified or altered evidence, casting doubt on the veracity and validity of such documents.
- While it may appear progressive, the ability to file a “Zero FIR” at any police station could present practical difficulties when it comes to coordinating efforts between many police stations and identifying the proper jurisdiction for an inquiry. It may not always be possible to transfer cases within 15 days, which could lead to delays and misunderstandings.
- The increased focus on digital records and electronic communication may violate people’s right to privacy. Data security and the possibility of illegal access or breaches are issues that are brought up by the gathering and archiving of electronic evidence.
- The act does not adequately address the serious concerns of comprehensive efforts aimed at preventing torture as well as custodial violence. Preserving the rights and dignity of those detained shouldn’t be sacrificed in the name of swift justice.
- The act gives law enforcement authorities a great deal of discretion in determining whether or not to make an arrest. This could result in circumstances where the bar for arrests is crossed arbitrarily, which could violate people’s rights and liberties.
In India’s legal reform movement, the Bharatiya Nagarik Suraksha Sanhita Act of 2023 (New Crpc 2023), represents a turning point. Its goal is to bring the criminal justice system into line with modern demands and ideals by placing a strong emphasis on upholding citizens’ rights and effectively carrying out the law. This change will only be successful if it is carefully put into practice, with clear standards and ongoing oversight to make sure the law accomplishes its goals and has no unexpected repercussions.
In conclusion, even if the Bharatiya Nagarik Suraksha Sanhita Act shows admirable attempts to modernize and simplify India’s criminal justice system, it’s critical to recognize the possible drawbacks of making such significant changes. It is a hard task to strike a balance between protecting individual rights and delivering justice quickly. It is crucial to carefully address these issues and make sure that the spirit of justice prevails, supporting both the rule of law and the preservation of people’s rights, as the legal community and society at large engage in conversations surrounding these proposed changes.
