Salient Features

Salient Features of BNSS

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces comprehensive changes to the criminal procedure in India, replacing the Code of Criminal Procedure, 1973. The amendments focus on integrating technology, streamlining timelines, enhancing victim rights, and reforming arrest and trial procedures.

Here is a summary of the major changes introduced in the BNSS:

1. Integration of Technology and Digitalization

Electronic Procedures: All trials, inquiries, and proceedings can now be conducted electronically. This includes the issuance of summons and warrants via electronic means.
Audio-Video Recording: The recording of search and seizure operations, including the preparation of seizure lists, is now mandatory and can be done via mobile phones. Statements of rape victims must also be recorded through audio-video means.
e-FIR: The concept of e-FIR has been introduced, allowing for the lodging of information through electronic communication, provided it is signed within three days.
Evidence: The definition of documents now includes electronic communication and devices likely to contain digital evidence.

2. Investigation and Police Powers

Police Custody: The 15-day limit for police custody can now be spread over the first 40 or 60 days of the total detention period, preventing accused persons from evading interrogation during the initial days.
Handcuffing: A new provision specifically allows the use of handcuffs for habitual offenders or those accused of heinous crimes such as rape, acid attacks, organized crime, and terror acts.
Forensics: Forensic expert visits to crime scenes are now mandatory for offences punishable by 7 years or more. States are given 5 years to implement this infrastructure.
Zero FIR: The law explicitly introduces “Zero FIR,” allowing police to register a First Information Report for a cognizable offence irrespective of jurisdiction.
Preliminary Enquiry: For cases punishable by 3 to 7 years, a preliminary enquiry can be conducted within 14 days before registering an FIR, subject to permission from a DSP-rank officer.

3. Trial and Judiciary Reforms

Trial in Absentia: A new provision allows for the trial of declared “proclaimed offenders” in their absence if they evade proceedings. This includes the entire process from recording evidence to delivering judgment.
Timelines for Justice: Strict timelines have been introduced to speed up proceedings:
- Judgment: Must be pronounced no later than 45 days after the trial concludes.
- Framing of Charges: Must be done within 60 days from the first hearing on the charge.
- Discharge Application: Must be filed within 60 days of committal.
Summary Trials: Summary trials are now mandatory for petty and less serious offences (theft, trespassing, etc.), and the scope is expanded to include cases with punishment up to 3 years (previously 2 years).
Judicial Structure: The posts of Metropolitan Magistrate and Assistant Sessions Judge have been abolished to create uniformity. There are now four classes of judges: Judicial Magistrate (Second Class), Judicial Magistrate (First Class), Sessions Judge, and Executive Magistrates.

4. Victim-Centric Provisions

Rights: The definition of “victim” has been broadened. Victims are entitled to a free copy of the FIR and must be informed about the progress of the investigation within 90 days.
Withdrawal of Prosecution: Victims must be given an opportunity to be heard before the court allows the withdrawal of a prosecution case.
Witness Protection: State governments are mandated to prepare and notify a witness protection scheme.

5. Sentencing and Mercy Petitions

Community Service: For the first time, community service has been introduced as a form of punishment for petty offences to reduce the prison burden and focus on rehabilitation.
Mercy Petitions: A strict timeline has been set for mercy petitions. Convicts must file a petition within 60 days of the dismissal of their appeal. The Central Government must make recommendations to the President within 60 days, and the President’s decision is final and not subject to appeal.
Undertrials: Bail provisions for first-time offenders have been relaxed. They can be released on bond if they have served one-third of the maximum imprisonment period for the offence.

6. Asset Attachment

Proceeds of Crime: Police can now request the court to attach and forfeit property obtained as proceeds of crime during the investigation itself.
International Cooperation: Procedures have been established for the attachment and forfeiture of property of proclaimed offenders located outside India through assistance from foreign courts/authorities.