Introduction
The Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS) is a marked transformation in the criminal justice system of India. It specifies how criminal cases shall be investigated, tried, and adjudicated. This new law replaces the existing colonial-era Code of Criminal Procedure, 1973 (CrPC), aiming to modernize the legal process, prioritize justice for citizens, and comprise the latest technological advancements in criminal proceedings.
In this article, we’ll dive into the objectives, purposes, and historical development of the BNSS in a detailed and easy-to-understand manner.
Object of BNSS, 2023
The fundamental aim of the BNSS is to revamp the criminal procedure in a way that:
- Secures the rights of citizens in a manner that allows for the effective operation of the criminal justice system.
- Speeds up the pace of justice delivery by setting strict timelines for investigation, trial, and judgment.
3. Get rid of outdated colonial practices that don’t fit a modern, democratic republic.
4. Promote more clarity, accountability, and victim involvement in the criminal process.
5. Utilizes technology to minimize human errors, improve documentation, and prevent police overreach.
Purpose and Key Features of BNSS, 2023
The BNSS is all about creating a legal framework that is based on modern inclusivity and technology for contemporary citizens. Here’s a look at its key purposes and features:
- Citizen-Centric Approach
Even the name Nagarik Suraksha – talks about citizens instead of mere formal convenience.
Some important citizen-focused elements include:
- compulsory exchange of FIR copies with complainants and Defendent.
- Right to medical examination of arrested individuals.
- swift notice of arrest to accused relatives.
- Right to legal aid and early access to defense counsel.
- Time-Based Justice
- Addressing overdue delays and shortcomings:
- Investigations should wrap up within 90 days (with a possible extension to 180 days if the court approves).
- Charge sheets need to be filed within a set timeframe.
- Magistrates are required to deliver judgments within 45 days after the trial ends.
- Forensic reports and expert evidence must be submitted by specific deadlines.
- Adopting Technology
- It includes BNSS on informatics innovation, which stands to modernize the legal processes:
- E-FIR & Zero FIR: irrespective of jurisdiction victims can file FIRs at any police station anywhere, and also through an online portal.
- E-summons and warrants with digital signatures.
- Video conferencing for recording witness testimonies, evidential remands, and hearings.
- Electronic evidence such as mobile records, CCTV footage, and cloud records can now be admitted as primary evidence.
4. Forensic and Scientific Investigation
To enhance the quality of evidence:
- Mandatory forensic investigation in crimes punishable over 7 years.
- Special forensic units are created at the state and central levels.
- Videography of the crime scene is mandatory to be made in horrific crimes.
5. Victim Rights and Participation
Victims will have the opportunity to take part in trial proceedings and share impact statements.
- The right to appeal is extended to victims in cases of acquittal or discharge.
- There will be timely updates and transparency in police and court processes.
6. Checks and Balances on Police Power
The BNSS envisions:
- Detailed arrest memos, such as grounds of arrest and rights recited to the accused.
- Strong protection against illegal detention and abuse in custody.
- Computer custody records and audit trails.
Significance of the BNSS
- Decolonization of Law
The BNSS is a major milestone in India’s legal sovereignty by substituting colonial administration-based laws with statutes that represent democratic, constitutional, and Indian cultural values.
2. Speed and Efficiency
The new code, with all procedures bound by timelines and technologically driven, aims to reduce case backlogs and consequently deliver justice rapidly and lessen the burden of litigation on both victims and accused.
- Inclusive Justice
By prioritizing citizen protection, digital accessibility, and the rights of victims, the BNSS shifts from a state-focused approach to one that centers on the needs of victims and citizens alike.
Historical Background of BNSS
- Background and legislative need:
The Criminal Procedure Code (CrPC) of 1973, which has its roots in colonial laws, has grown outdated, particularly when it comes to tackling issues of cybercrime and organized crime, as well as integrating forensic science effectively.
In response to these, the BNSS was put forward to transform the system into a more efficient and citizen-service-oriented one. This would involve the establishment of certain timelines for medical reports, investigation, and judgment, combined with the use of audio and video recording and forensic methods.
- Legislative Timeline:
- August 11, 2023: The bill was introduced in Parliament by Union Home Minister Amit Shah to replace the colonial-era criminal code along with two related acts – Bharatiya Nyaya Sanhita, 2023(BNS) replacing the (IPC) Indian Penal Code, 1860, Bharatiya Sakshya Adhiniyam, 2023 (BSA) replacing the Indian Evidence Act, 1872.
- December 12, 2023: The original BNSS Bill was withdrawn. A modified “Second BNSS Bill” was introduced the same day.
- December 20, 2023: The modified Bill was passed in the Lok Sabha.
- December 21, 2023: Rajya Sabha also passed the Bill with required amendments.
- December 25, 2023: Received Presidents Assent, marking the original enactment date.
- July 1, 2024: officially came into effect, superseding the CrPC, 1973.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita, 2023, is a radical change and a milestone that transforms the criminal procedure landscape in India.
Grounded in constitutional principles enhanced by technology, this act is dedicated to protecting citizens. it represents a major step toward a quicker, more fair, and more clear criminal justice system.
Efficient implementation of this act, in the long run, can bring the promise of reducing pendency, justice to victims, avoiding power abuse, and eventually reviving trust in India’s legal system.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
