Introduction
With the aim of redefining our nation and meeting the needs of the new India a historic move have been taken recently by passing and implementation of the three new criminal laws in Indian Justice system. This can be seen as a biggest evolution in the Indian Criminal Law system. All the three major laws governing the Criminal justice system in India earlier known as Indian Penal Code, 1860 , Criminal Procedure Code( Cr.P.C.) and Indian Evidence Act which were made in colonial era and had been followed even in independent India long back from British era now would be replaced by the new criminal laws named as The Bhartiya Nyaya Sanhita , The Bhartiya Nagarik Suraksha Sanhita and The Bhartiya Sakshya Adhiniyam 2023. All these new proposed laws were approved and given the assent of the President of India and were enacted into the Indian System on July 1. From July 1, the new laws has been implemented and followed. When we analyses these laws we can observe that their addition, replacement, substitution and subtraction of the provisions which were earlier part of our old criminal laws. BNS has also come up with many changes which were not earlier part of the Indian Penal Code and the Same can also be observed with The Bhartiya Nagarik Suraksha Sanhita 2023 which has some major changes from the old procedural law called Criminal Procedure Code, 1973.In this article we will be dwelling deep into all the changes in new Cr.P.C. known as BNSS.
Statement of object of The Bhartiya Nagarik Suraksha Sahita 2023.
The major object behind the introduction of the BNSS includes many reasons but the significant reasons are Firstly, to ensure the speedy justice in the conformity with constitution of India and the demographic aspirations. Secondly, to introduce the use of the technology and forensic science in the investigation of crimes in India and to use electronic communication devices for lodging of information and serving summons, Thirdly, Supplying of the copy of FIR to the victim party that to free at cost and to provide further information ton the victim about investigation process through digital medium which will be easily accessible. Fourthly, introduction of the mandatory summary trail in the case of petty offences. Fifthly, the provision for the audio video electronic examining of the accused that also been included. Sixthly, the opportunity of being heard is been given to victim in case of withdrawal by state government before that right is given where punishment is less then 7 years.
The major changes which can be observed in Bhartiya Nagarik Suraksha Sanhita, 2023
The addition of the new definition into the act which were not seen earlier such as:
Audio- Video- electronic means are added in sec.2(1)(a) , Bail is also defined in sec. 2(1)(b), Bail bond is defined in sec.2(1)(c) , bond is separately also defined in sec.2(1)(e) and electronic communication in sec. 2(1)(i).
Changes in the power of the court can also be observed:
In the section 23 BNSS the power f the magistrate of 1st class to impose fine has increased from 10,000 rupees to 50,000 and 2nd class magistrate power from 5,000 to 10,000.These two classes of the magistrates are also empowered to grant community service which is a new form of punishment being added to the new criminal laws. Under section 25of the act BNSS it is added that in case of concurrent running of the sentence the punishment i.e. imprisonment should not exceed 20 years which was earlier 14 years in Cr.P.C. section 31.
Arrests and Remand
It is added in the section 35(7) BNSS which states about safeguards of aged above 60 years or infirm person against arrest if offence is punishable for less than 3 years. In such a case no arrest can be made without prior permission of the DSP. Section 43(3) BNSS allows handcuffing in heinous crimes and for repeated and habitual criminals. Section of 40 of the respective arrest mandate arrestee to be produced before police within 6 hours if it is been made private person. Section 190 of the act also mandates that if the accused is not arrested , the police officer shall take security from such person for his appearance before Judicial magistrate. The addition of the provision is in accordance with the Judgement of Siddharth v. State of Uttar Pradesh.
Section 187(2) of the act state that police custody can be maximum for 15 days but if required according to the situation it can be extended to 40/60 days of detention as case may be. Section 51(3) BNSS mandates the registered medical practitioner shall, without any deal, forward the examination report to the investigating officer.
First information Report (FIR)
The changes which are seen in the process of lodging of FIR are as follows:
Section 173(1) BNSS provides for filling of Zero FIR which is added in accordance with Judgement of Satvinder Kaur v. State here the provision of lodging of information through electronic communication is also added . Section 173(2) BNSS introduces the right of the victim to get free of cost copy of the FIR. Section 173(4) also provide that in case of denial to register the FIR application of complaint can be made to magistrate if not registered even after intervention of the Superintendent of Police.
Bail Provisions
Section 479 BNSS provides that bail may be granted to the first time offender who has undergone detention for one-third of the maximum period of the imprisonment provided by the law. Whereas Section 480 BNSS lays down cases of the non bailable offences , it states that bail shall be denied to an accused on the ground that he may be required to be identified by the witness during the investigation .
Witness Protection
As per section 398 BNSS, State Government shall notify a witness protection scheme. The provision are translated direction in Mahender Chawla v. Union of India as a statutory mandate.
Investigation
As earlier in Cr.P.C. section 91 regarding investigation it has been enlarged and addition to that production of any document, section 94 BNSS empowers a court/officer-in-charge of a produce electronic communication including communication devices likely to contain digital evidence.
In Judgement Lalita Kumari v. Government of Uttar Pradesh, section 173(3) BNSS gives statutory recognition to preliminary enquiry in cases punishable with 3 years or more but less than 7 year. Section 105 BNSS mandates videography of search and seizure including the preparation of seizures list signed by witnesses. The provision gives statutory recognition to the direction of the Supreme Court in Shafhi Mohammad v. State of Himachal Pradesh.
Section 175(3) BNSS provides in case of cognizable offence the Magistrate may direct investigation on an application accompanied by an affidavit(as per direction in Priyanka Srivastava and another v. State of Uttar Pradesh and others13 )
Section 174 BNSS provides in case of non-cognizable offence the police officer apart from referring the complaint to the Magistrate shall also forward the daily diary report of such cases to him.
In serious cases, section 175(1) BNSS empowers the SP, after considering the nature and gravity of the offence, to depute an officer at the rank of DSP to conduct the investigation.
Section 173(3) BNSS mandates that in cases involving offences punishable for 7 years or more forensic experts shall visit the crime scene to collect forensic evidence, i.e., trace evidence.
Section 183(6)(a) BNSS states that the states that the statement recorded by magistrate of a witness in offences punishable with 10 years or life or death may be treated as his examination in chief if witness is temporarily/permanently mentally/ physically disabled.
Delivery of Judgement
Summons Case
Section 258 BNSS provides judgement in a summons case shall be delivered within 30 days extendable up to 45 days (for reasons to be recorded in writing) from the date of conclusion of argument.
Other Criminal Trials
Section 392(1) BNSS states that judgement in every criminal trial to be pronounced not later than 45 days after the termination of trial.
As per Provision to section 392(4) BNSS, judgement shall be uploaded within 7 days.
As per section 392(5), accused may be produced before court through audio-video means to hear the judgement.
Merry Petition
Section 472 BNSS prescribes time frame of 30 days for filing of mercy petition before the Governor and 60 days before the President.
Miscellaneous Provision
As per section 530 BNSS, trial and proceedings may be held in electronic mode.
Conclusion
The above mentioned and discussed are the changes initiated in the new criminal law in Indian justice system . The Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023 which replaces Cr.P.C. ( Criminal Procedure Code the major changes in both laws are discussed in the article . The transition from BNSS to Cr.P.C. marks a significant shift in the Indian Construction industry’s approach to payment security. The new legislation aims to streamline payment processes, reduce disputes, and enhances the overall efficiency of the industry. With its emphasis on timely payments, adjudication, and dispute resolution, Cr.P.C. is poised to bring about a paradigm shift in the way of construction businesses operate in India. By embracing this new legislation, India’s construction industry can look forward to a more secure, efficient, and sustainable future.
Authored by – Sukhman Kapoor UILS, Panjab University Chandigarh
REFERENCES:
[1] The Bhartiya Nagarik Suraksha Sanhita, 2023, PRSIndia [Last accessed on July 20, 2024] https://www.prsindia.org
[2] BNSS that is to replace the Cr.P.C. explained with key highlights SCC Online [ Last accessed on July 21,2024] https://www.scconline.com
[3] BNSS vs. Cr.P.C. Taxmann [Last accessed on July 21,2024] https://www.taxmann.com
