New Procedural Aspects**

Mandatory Videography of Search, Seizure and Statements

The BNSS introduces mandatory videography for several critical stages of investigation, aiming to enhance transparency and accountability.

Search and Seizure: While Section 47(5) BNSS is the primary provision, Section 47(2) would refer to the general conduct of search. However, the key provision for videography of search and seizure is Section 47(5) of BNSS, which mandates that the process of search and seizure shall be videographed.

Statements: Section 173(1)(a) BNSS, in conjunction with Section 173(5) and (6), emphasizes the recording of statements of witnesses and the accused using audio-video electronic means and videography.
Purpose: The mandatory videography ensures that the search, seizure, and recording of statements are conducted fairly, without any malpractices, and provides an objective record of these events.

A significant reform in the BNSS is the introduction of mandatory forensic investigation for serious offences.

Requirement: Section 173(1)(d) BNSS mandates that for offences punishable with imprisonment for a term of seven years or more, the investigation shall include forensic investigation.
Purpose: This aims to improve the quality of evidence collected, increase conviction rates by providing scientific backing to cases, and ensure that serious crimes are investigated with the necessary scientific rigor.

The BNSS classifies offences based on their severity and the punishment prescribed, which influences the procedural approach.

New Categorization: While the BNSS largely retains the classification of cognizable/non-cognizable, bailable/non-bailable, summons/warrant cases, it introduces new nuances related to mandatory forensic investigation based on punishment thresholds (seven years or more).
Impact: This categorization directly impacts procedural requirements, such as the mandatory forensic examination for offences punishable with seven years or more imprisonment.

The BNSS places a strong emphasis on expediting the criminal justice process by introducing specific timelines for various stages.

Investigation: Timelines for forwarding FIR, completion of investigation (implicitly pushed by bail provisions), and filing of charge sheets.
Trial: Specific deadlines for judgment delivery (e.g., within 30 days of conclusion of arguments, extendable to 45 days with reasons - Section 258 BNSS).
Purpose: To reduce delays, clear backlogs, and ensure timely justice delivery.

BNSS introduces community service as a new form of penalty for certain minor offences.

Section 23 BNSS: Specifies that community service shall be performed by a person convicted of an offence punishable with imprisonment for a term not exceeding one year, or with fine only, or with both. The details of such offences and the nature of community service are to be prescribed by rules.
Purpose: This offers an alternative to imprisonment or fines for petty offences, focusing on reformative justice and social contribution.

BNSS strengthens the safeguards for arrested persons, particularly concerning their right to communicate their arrest.

Right to Information: Section 41(1)(c) BNSS mandates that the person arrested shall be informed of his right to inform a relative, friend, or any other person of his choice about his arrest and the place of custody.
Purpose: This provision ensures transparency and allows the arrested person to seek legal or personal support promptly.

Section 41(2) BNSS: While the fundamental power to arrest without warrant for cognizable offences remains, BNSS clarifies the necessity for arrest. The police officer must record reasons for arrest if the arrest is made based on reasonable suspicion of commission of a cognizable offence, to prevent the commission of further offences, prevent disappearance or tampering of evidence, prevent injury to any person, or ensure presence before court.
Information to Arrested Person: Enhanced emphasis on informing the arrested person about the grounds of arrest and their right to inform a relative/friend (as detailed in Section 41(1)(b) & (c) BNSS).
Woman Arrest: Reiteration of the restriction on arresting women after sunset and before sunrise without exceptional circumstances and prior Magistrate permission (Section 42 BNSS).

Timelines: While the core principles of bail remain, the overarching emphasis on speedy justice and the timelines set for investigation and trial implicitly influence bail considerations.
Victim's Role: The enhanced victim rights might indirectly influence bail decisions, though not explicitly stated as a direct ground for bail refusal.
Anticipatory Bail: Section 55 BNSS (likely corresponding to Section 438 CrPC) continues the provision for anticipatory bail, ensuring protection against false implication.

Trial Without Committal: Section 211 BNSS allows for trial without committal proceedings for cases triable by the Court of Session, aiming to expedite the process by eliminating an intermediate stage.
Timelines for Judgments: Introduction of mandatory timelines for judgment delivery (within 30 days, extendable to 45 days) to curb delays in trials (Section 258 BNSS).
Summary Trials: While summary trials existed, BNSS may have refined the list of offences or procedures for them.

Right to be Heard: A significant modification is the explicit right granted to the victim to be heard at any stage of the proceedings, including arguments on conviction or acquittal (Section 327(1) BNSS).
Information Access: Victims have the right to be informed about the progress of the investigation and case status (Section 173(3) BNSS).
Victim Compensation: Strengthening of provisions for victim compensation, ensuring a mechanism for redressal of harm suffered (Section 357A BNSS).