Investigation, Inquiry, and Trial under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 supersedes the Code of Criminal Procedure (CrPC), 1973 and brings profound reforms to the criminal justice system in India. The BNSS is designed to rationalize the investigation, inquiry, and trial procedures so that speedy justice is delivered, victim protection is improved, and the enforcement of legal proceedings through technology is facilitated.
1. Investigation under BNSS, 2023
1.1 FIR (First Information Report) Registration
– Section 173 of BNSS requires the police when they are given information regarding a cognizable offence, to register an FIR forthwith.
– The zero FIR mechanism enables an FIR to be registered in any police station, irrespective of jurisdiction, ensuring speedy action.
1.2 Investigation Time Limits
– Tightly regulated time limits have been brought in to avoid delays in investigations:
– In minor offences, 90 days for investigation is prescribed.
– The period of investigation for serious crimes can be expanded to 180 days subject to the approval of the court.
– It maintains prompt justice and curtails custodial interrogation on a large scale.
1.3 Technology and Investigation
– BNSS stipulates the involvement of forensic information, electronic recording, and computerized surveillance so as to reinforce the authenticity of investigations.
– Investigators need to gather CCTV footage, call records, and electronic transactions to make cases more robust.
– BNSS provides for online lodging of complaints and electronic submission of evidence, making investigation processes more contemporary.
1.4 Police Custody and Arrest Procedures
– Police custody can now be extended to 15 days under BNSS, but the maximum period of detention cannot be more than 60 days without charging a charge sheet.
– The rights of the accused should be explained to them, and legal representation must be made available.
1.5 Summary Investigation for Minor Offenses
– For the alleviation of court burdens, BNSS provides for summary investigations in minor cases.
– Fines or warnings may be issued by the police without submitting a formal charge sheet for minor offenses.
2. Inquiry under BNSS, 2023
2.1 Definition of Inquiry
– Inquiry is a judicial proceeding where a judicial magistrate investigates evidence prior to framing charges against the accused.
– It decides if there is prima facie evidence to initiate a criminal trial.
2.2 Magistrate’s Power in Inquiry
– The magistrate may:
– Call witnesses and record statements.
– Order further police investigation, if necessary.
– Release the accused if evidence is lacking.
2.3 Use of Video Conferencing in Inquiry
– BNSS encourages witness statements to be taken through video conferencing, particularly in cases of vulnerable victims.
– Remote recording of electronic evidence and expert testimonies by courts saves time.
3. Trial under BNSS, 2023
3.1 Nature of Trials Under BNSS
BNSS categorizes trials into various types depending upon the gravity of the crime:
1. Sessions Trial (Serious Offenses)
– Held in Sessions Court for serious offenses such as murder, rape, and terrorism.
– Tried by a Public Prosecutor.
– The court is required to pass a judgment within 45 days of finishing hearings.
2. Warrant Trial (Serious to Moderate Offenses)
– Held for offenses where the punishment can be more than two years’ imprisonment.
– The court ensures that both sides put forward their evidence before charging.
3. Summons Trial (Minor Offenses)
– Held for offenses where the punishment is less than two years.
– Summary proceedings provide for rapid disposal of cases.
4. Summary Trial (Petty Offenses)
– Employed for offences such as public nuisance, petty theft, and disorderly behavior.
– The accused can be fined or simply sentenced by the magistrate.
3.2 Trial in the Absence of the Accused (Section 299)
– If an accused individual doesn’t turn up within 90 days, the court can try the case in absentia.
– It doesn’t allow criminals to escape punishment by absconding.
3.3 Use of Technology in Trials
– BNSS enables:
– E-courts and online hearings to expedite disposal of cases.
– Video conferencing of witness testimonies to provide protection.
– Online submission of evidence and documents to facilitate proceedings.
3.4 Fast-Track Courts for Horrendous Offences
– BNSS prescribes the institution of fast-track courts to try rape, human trafficking, and child offence cases.
– They are expected to provide justice in 6 months.
4. Protection of the Victim and Victim Rights Under BNSS
4.1 Compensation to Victims (Section 357)
– Compensation can be ordered by courts for victims even in the absence of conviction of the accused.
– The government can establish a Victim Compensation Fund to provide immediate monetary relief.
4.2 Witness Protection (Section)
– BNSS brings in witness protection programs to provide safety to important witnesses in serious cases.
– Identity protection, relocation, and police protection are some of the measures taken for protection.
4.3 Medical Care to Victims
– Hospitals must give emergency medical treatment to crime victims such as assault and sexual violence without seeking prior police approval.
– Hospital authorities can face penalties for failure to do so.
5. Major Reforms and Highlights of BNSS, 2023
– The imposition of firm time frames for investigation and trial guarantees speedy justice.
– Improvement in the protection of the victim, including compensation, medical treatment, and security for witnesses.
– Application of digital evidence and technology updates the criminal justice process.
– Fast-track courts give priority to cases of heinous crimes, clearing case backlogs.
– Summary procedures for petty offences assist in decongesting courts.
BNSS, 2023 represents a momentous transformation in India’s criminal justice system with a focus on efficiency, accountability, and transparency in investigation, inquiry, and trial. BNSS seeks to safeguard the interests of victims, accused persons, and members of the general public while improving accessibility and transparency within the legal framework.
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