The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was introduced in the Lok Sabha on August 11, 2023, to replace the Code of Criminal Procedure, 1973 (CrPC). The Bill was examined by the Standing Committee on Home Affairs, which led to the introduction of the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) on December 12, 2023. This legislative reform aims to modernize and enhance the procedural framework governing the criminal justice system in India.
Key Takeaways
- BNSS 2023 aims to replace the outdated CrPC of 1973, modernizing India’s criminal justice system.
- Significant changes include amendments to bail provisions and expansion of property seizure rules.
- The powers of both police and Magistrates have been altered to enhance procedural efficiency.
- New victim relief systems and witness protection schemes have been introduced to ensure justice and safety.
- The Bill incorporates measures for the protection of human rights and adopts transparent procedures.
Introduction of BNSS 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is a legislative reform introduced to replace the Criminal Procedure Code (CrPC) of 1973. This new code aims to modernize and enhance the procedural framework governing the criminal justice system in India. The BNSS was introduced in Lok Sabha on August 11, 2023, and was later examined by the Standing Committee on Home Affairs. Incorporating some recommendations of the Committee, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) was introduced on December 12, 2023, replacing the initial BNSS.
Object and Reason for Enacting BNSS
The primary objective of enacting the BNSS is to streamline and update the criminal justice procedures to better align with contemporary needs. This includes enhancing efficiency, ensuring fair trials, and protecting the rights of individuals involved in the criminal justice system.
Public Order Functions Retained in BNSS
Despite the comprehensive changes, the BNSS retains several public order functions from the previous CrPC. This ensures continuity in maintaining public order while integrating new procedural enhancements.
The BNSS 2023 represents a significant shift in India’s legal landscape, aiming to provide a more robust and fair criminal justice system.
Key Features
- Replacement of the CrPC 1973 with a modernized code.
- Introduction of new procedural safeguards and mechanisms.
- Enhanced focus on victim and witness protection.
- Streamlined processes for bail and property seizure.
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Changes in Bail Provisions
New Definition of Bail
Clause 479 of BNSS provides for a different definition for bail. This new definition aims to modernize the legal framework and ensure that the grounds of arrest are clearly communicated to the arrestee in a language they understand.
Denial of Bail for Multiple Charges
The BNSS denies bail for anyone facing multiple charges. This is a significant shift from the CrPC, which allowed bail for an accused who has been detained for half the maximum imprisonment for the offence. As many cases involve charges under multiple sections, this may limit such bail.
Court’s Obligation to Explain Bail Denial
When bail is denied, the court must provide a brief explanation for the refusal. This ensures transparency and accountability in the judicial process.
Terminology Changes
The BNSS replaces outdated terminology with more people-friendly language, reflecting a humane approach to the legal process.
The BNSS 2023 modernizes criminal law with reformed classifications, enhanced protections for women and children, and innovative punishment mechanisms.
Expansion of Property Seizure
Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces significant changes in the realm of property seizure. One of the most notable updates is the extension of seizure powers to include immovable properties, which were previously not covered under the CrPC.
Key Provisions
- Section 105: This section mandates the recording of search and seizure operations through audio-video electronic means, ensuring transparency and accountability.
- Section 107: This section deals with the attachment, forfeiture, or restoration of property, providing a comprehensive framework for handling seized assets.
Safeguards
The BNSS 2023 also introduces several safeguards to protect the rights of individuals whose property is being seized. These include:
- Detailed documentation of the seizure process.
- Provision for the restoration of property if it is found to be wrongfully seized.
- Regular audits and reviews of seizure operations to prevent misuse of power.
The expansion of property seizure powers under BNSS 2023 aims to enhance the effectiveness of law enforcement while ensuring that the rights of individuals are not compromised.
Conclusion
The new provisions under BNSS 2023 mark a significant shift in how property related to criminal activities is handled, offering a more robust and transparent framework for law enforcement agencies.
Alteration of Police Powers
Expanded Authority
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces significant changes to the authority of police officers. The Bill may expand the powers of the police, allowing them to take more decisive actions in various situations. This includes the ability to detain individuals for longer periods and the use of handcuffs under specific circumstances.
Special Executive Magistrates
The BNSS 2023 authorises the state government to appoint any police officer (not below the rank of superintendent of police or equivalent) as a special executive magistrate. This change aims to streamline the judicial process and ensure quicker decision-making in urgent situations.
Detention and Custody
The procedure of police custody has been altered to provide more clarity and structure. This includes new guidelines on the duration of detention and the conditions under which individuals can be held. These changes are designed to prevent misuse of police powers, such as excessive use of force or illegal detentions.
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Use of Force
New regulations have been introduced to govern the use of force by police officers. These rules aim to protect individuals from misuse of police powers, ensuring that any use of force is justified and proportionate to the situation.
Accountability Measures
To prevent abuse of authority, the BNSS 2023 includes several accountability measures. These measures require police officers to document their actions and decisions, providing a transparent record that can be reviewed if necessary. This is part of a broader effort to adopt a more transparent procedure in law enforcement.
Modification of Magistrate Powers
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces several significant changes to the powers of Magistrates. These modifications aim to enhance the efficiency and effectiveness of the judicial process.
Increased Fine Imposition
Section 23 of the BNSS 2023 increases the power of fine imposition for Magistrates. A Magistrate of the first class can now impose fines up to Rs. 50,000, up from the previous limit of Rs. 10,000. Similarly, a Magistrate of the second class can now impose fines up to Rs. 10,000, compared to the earlier limit of Rs. 5,000. Additionally, both classes of Magistrates are now empowered to impose community service as a form of sentence.
Property Attachment Powers
In addition to the existing powers under the CrPC, Magistrates now have the authority to attach properties. This can be done upon an application by an investigating officer who provides reasons to believe that the property is derived from criminal activity or the commission of an offence. This enhancement aims to curb the use of illegally obtained assets.
Deletions and Omissions
Several provisions from the CrPC have been omitted in the BNSS 2023 to bring uniformity. Notably, the provisions dealing with ‘Metropolitan areas’ and ‘Metropolitan Magistrates’ have been removed. The post of Judicial Magistrate of third-class and Assistant Sessions Judge has also been omitted. Furthermore, Section 144-A of the CrPC, which conferred power on the District Magistrate and the State Government to prohibit the carrying of arms in processions or mass drills, has been deleted.
These changes reflect a significant shift towards a more streamlined and efficient judicial process, ensuring that the powers of Magistrates are both comprehensive and clearly defined.
Victim Relief System
Introduction of Victim Rights
The BNSS 2023 introduces several rights for victims, which have mostly been provided by judgments of Indian Courts. A paramount and much-needed right of a victim is the obligation of the police officer to inform the victim of the progress of the investigation within a period of 90 days. This comes as one of the most welcome and necessary changes when the country is facing a major backlog and pendency of trials.
Access to Investigation Documents
Now, the police, after filing a charge-sheet, are under an obligation to supply the police report and other documents to the victim if represented by an advocate. This ensures transparency and keeps the victim informed throughout the legal process.
Withdrawal of Prosecution
One of the critical changes is that the withdrawal of prosecution will only be allowed after hearing the victim. This amendment ensures that the victim’s voice is heard and considered before any major prosecutorial decisions are made.
Property Distribution
The BNSS 2023 also includes provisions to rateably distribute the property amongst those who were affected by the crime. This ensures that victims receive fair compensation and support.
The BNSS 2023 aims to balance justice and victim support, focusing on the rights and needs of those affected by crimes.
Limitations
However, the BNSS 2023 does not provide for rights of victims at the stage of sentencing, such as the right to submit a victim impact statement, the right to be informed of rights at various stages of prosecution and trial, and the right to be heard prior to granting pardon.
Witness Protection Scheme
Mandate for State Governments
Section 398 of the BNSS 2023 mandates that every State Government must prepare and notify a witness protection scheme. This requirement underscores the necessity for a comprehensive witness protection scheme, as highlighted by the Malimath Committee and various Law Commission Reports, including the 14th, 154th, 172nd, 178th, and 198th Reports.
Key Features
The witness protection scheme must include:
- A time-bound process for application and grant of protection.
- Measures to ensure the safety and security of witnesses.
- Provisions for anonymity and relocation if necessary.
Comparative Analysis
The BNSS 2023 introduces significant changes compared to the previous legal framework. The term Sanhita is used in place of “code,” reflecting a shift in terminology. The BNSS has 531 sections in total, with notable additions and deletions.
It is crucial to have an effective and adequate witness protection scheme to ensure the safety of individuals who come forward to testify.
International Practices
The witness protection schemes in Canada and European countries serve as models for the BNSS 2023. India had already prepared a witness protection scheme in 2018, which has now been mandated for all states under the new act.
The most critical change is that the police, after filing a charge-sheet, are now obligated to supply the police report and other documents to the victim if represented by an advocate. This ensures transparency and protection for witnesses.
Protection of Human Rights
Human Rights Approach in FIR Lodging
The BNSS 2023 introduces a human rights approach in lodging FIRs, especially to protect disabled persons and women who are victims of rape. This ensures that the process is more sensitive and accommodating to the needs of vulnerable individuals.
Preliminary Enquiry Procedures
The new code mandates that preliminary enquiries for cases with punishments ranging from 3 to 7 years must be conducted with the permission of a Deputy Superintendent of Police (Dy SP). This step aims to ensure that the rights of the accused are safeguarded during the initial stages of investigation.
Protection for Vulnerable Witnesses
Under Section 179 of BNSS, provisions have been made to protect witnesses above 60 years of age, as well as those who are mentally or physically disabled, or suffering from acute illness. These witnesses can now record their statements at a place other than their residence, ensuring their comfort and safety.
Safeguarding Fundamental Rights
While the BNSS 2023 aims to improve conviction rates, it is crucial that this does not come at the cost of fundamental rights. For instance, the right against self-incrimination must be preserved, and any attachment of property without trial could violate the presumption of innocence.
The enthusiasm to improve conviction rates should not come at the cost of fundamental rights of parties.
Transparent Procedure Adoption
Emphasis on Clarity
The BNSS 2023 introduces several measures to ensure that legal procedures are transparent and easily understandable. This is aimed at rebooting India’s criminal justice system to make it more accessible to the general public.
Digital Records
One of the significant updates is the mandatory digitization of all legal records. This move is expected to streamline the judicial process and make it easier for all stakeholders to access necessary documents.
Public Order Functions
The BNSS 2023 retains several public order functions, ensuring that the system remains robust while being transparent. This balance is crucial for maintaining law and order while also being open to scrutiny.
Regular Audits
To ensure ongoing transparency, the BNSS 2023 mandates regular audits of legal procedures and records. These audits will be conducted by independent bodies to maintain impartiality.
The introduction of these measures marks a significant step towards a more transparent and accountable legal system in India.
Public Awareness Campaigns
In addition to procedural changes, the BNSS 2023 also includes provisions for public awareness campaigns. These campaigns aim to educate citizens about their rights and the new legal procedures, making the system more inclusive.
Feedback Mechanisms
Finally, the BNSS 2023 introduces formal feedback mechanisms where citizens can report issues or suggest improvements. This participatory approach ensures that the system evolves based on real-world experiences.
Reformative Legal Procedure
Modernizing Trials
The Bharatiya Nagarik Suraksha Sanhita 2023 aims to modernize trials by incorporating technology and streamlining processes. This approach ensures a more efficient legal system that balances the rights of all stakeholders, including both the victim and the accused. The goal is to uphold fundamental rights while ensuring speedy investigation and trial.
Sentencing Guidelines
A significant recommendation is the establishment of a statutory committee to prescribe sentencing guidelines. This committee would be chaired by a former Supreme Court judge or Chief Justice of a High Court. However, this recommendation has not yet been incorporated into the Bill.
Rights of the Accused
The rights of the accused, as recognized by the Supreme Court, are crucial for a fair trial. Unfortunately, these rights have not been included in the current version of the Bill.
We will truly be able to break away from the colonial past when we break away from the approach of punishment rather than justice.
Speedy Investigation and Trial
The BNSS 2023 emphasizes the need for speedy investigation and trial to meet the objectives of the Bill. This ensures that justice is not delayed and that the legal process is more coherent and balanced.
Broader Reforms
Broader reforms in the criminal justice system are necessary to truly modernize the legal procedure. This includes incorporating the rights of the accused and establishing clear sentencing guidelines.
Conclusion
The reformative legal procedure under BNSS 2023 is a step towards a more just and efficient legal system. While there are still areas that need improvement, the focus on modernizing trials and ensuring speedy investigations is a positive move.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a significant legislative reform aimed at modernizing India’s criminal justice system. By replacing the decades-old Code of Criminal Procedure (CrPC) of 1973, the BNSS introduces several key changes designed to enhance transparency, protect human rights, and provide a more victim-centric approach. The amendments, including new provisions on bail, property seizure, and the powers of police and magistrates, reflect a progressive shift towards a more just and efficient legal framework. As India continues to evolve, the BNSS stands as a testament to the country’s commitment to reformative legal procedures and the protection of its citizens’ rights.
Frequently Asked Questions
What is the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023?
The BNSS 2023 is a legislative reform introduced to replace the Criminal Procedure Code (CrPC) of 1973, aiming to modernize and enhance the procedural framework governing the criminal justice system in India.
When was the BNSS 2023 introduced?
The BNSS 2023 was introduced in Lok Sabha on August 11, 2023.
What are the major changes introduced in BNSS 2023?
The BNSS 2023 amends provisions on bail, expands the scope of property seizure, and alters powers of police and Magistrates.
What is the purpose of the BNSS 2023?
The purpose of the BNSS 2023 is to provide real justice by adopting transparent procedures, incorporating reformative legal procedures, and ensuring the protection of human rights.
How does BNSS 2023 affect bail provisions?
The BNSS 2023 introduces changes in bail provisions to streamline the process and ensure fair treatment of accused individuals.
What changes have been made regarding property seizure in BNSS 2023?
The BNSS 2023 expands the scope of property seizure to include more categories of assets that can be confiscated during criminal investigations.
How does BNSS 2023 enhance victim relief systems?
The BNSS 2023 incorporates a victim relief system aimed at providing better support and compensation to victims of crimes.
What measures does BNSS 2023 include for witness protection?
The BNSS 2023 includes a witness protection scheme to ensure the safety and security of witnesses involved in criminal cases.