Introduction to Bharatiya Nagarik Suraksha Sanhita (BNSS)
Historical Context and Need for Reform
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a landmark legislation enacted by the Parliament of India. It aims to replace the long-standing Code of Criminal Procedure, 1973 (CrPC), which has been the primary procedural law governing the investigation, trial, and handling of criminal cases in the country for decades.
Repeal of the Code of Criminal Procedure, 1973 (CrPC)
The Code of Criminal Procedure, 1973, was based on the original CrPC enacted during the British colonial era in 1898. While the 1973 Code incorporated several amendments and aimed to modernise the procedural aspects of criminal justice, concerns persisted regarding its effectiveness in ensuring speedy and efficient justice delivery in contemporary India.
Over the years, the Indian criminal justice system faced challenges such as:
Delayed trials and a huge backlog of cases.
Low conviction rates.
Inefficiencies in investigation and evidence collection.
Lack of adequate protection for victims.
Underutilisation of technology in policing and judicial processes.
The need to align criminal procedure with the evolving social, technological, and constitutional landscape of India.
The BNSS, therefore, represents a comprehensive effort to overhaul the criminal procedural framework, addressing these systemic issues and introducing reforms aimed at creating a more responsive, efficient, and victim-friendly system.
Objectives of the BNSS
The primary objectives behind the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023, include:
Modernisation of Criminal Justice: To update the procedural law in line with technological advancements and contemporary societal needs.
Ensuring Speedy Justice: To introduce timelines and measures to expedite investigations, trials, and overall case disposal.
Strengthening the Rights of Victims: To provide greater rights and participation to victims throughout the criminal process.
Improving Efficiency in Investigation: To equip law enforcement agencies with better tools and procedures for investigation and evidence management.
Leveraging Technology: To integrate technology extensively in investigations, evidence collection, and judicial proceedings.
Rationalisation of Procedures: To simplify complex procedures and remove redundant provisions.
Aligning with Constitutional Principles: To ensure procedures are in harmony with the Fundamental Rights and Directive Principles enshrined in the Constitution.
In essence, the BNSS seeks to transform the procedural framework from one focused solely on the state's role in prosecution to one that is more citizen-centric, efficient, and oriented towards timely justice.
Salient Features and Key Changes
The Bharatiya Nagarik Suraksha Sanhita, 2023, introduces several significant changes and salient features compared to the erstwhile CrPC. These reforms touch upon various stages of the criminal justice process, from investigation to trial and sentencing.
Focus on Speedy Justice and Timelines
A major thrust of the BNSS is to introduce specific timelines for various procedural steps to curb delays:
Forwarding FIR to Magistrate: The First Information Report (FIR) must be forwarded to the Magistrate within 24 hours (Section 173).
Investigation Report (Charge Sheet): Timelines for completing investigation are stressed. While the 90-day limit for serious offences for default bail remains, efforts are made to expedite the process overall.
Committal Proceedings: Specific timelines for committal of cases to the Sessions Court are introduced (Section 220).
Trial Proceedings: Timelines for arguments, judgment delivery (within 30 days of conclusion of arguments, extendable to 45 days with reasons) are prescribed (Section 258).
Supply of Documents: Mandates providing copies of police reports and documents to the accused within 14 days of production of the accused before the Magistrate (Section 208).
Summon/Warrant Execution: Introduction of electronic means for serving summons and warrants.
Strengthening Investigation and Evidence Management
The BNSS brings notable changes to the investigation phase:
Forensic Investigation: Makes forensic investigation compulsory for offences punishable with imprisonment of seven years or more (Section 176). This aims to enhance the quality of evidence collection and reliability.
Recording of Statements: Allows recording of statements of witnesses and accused through audio-video electronic means (Sections 164 & 164A).
Search and Seizure: Procedures for search and seizure are updated, allowing for electronic communication and potentially live recording of proceedings.
Victim-centric Approach and Rights
The BNSS gives enhanced rights and importance to victims:
Definition of Victim: The definition of 'victim' is expanded to include the guardian or legal heir of the victim (Section 2(1)(zh)).
Information to Victim: Mandates that the victim must be informed about the progress of the investigation and the status of the case, including the filing of the charge sheet or closure report (Section 173(3)).
Victim's Right to be Heard: Provides the victim with the right to be heard during the trial stage, including during arguments on conviction or acquittal (Section 327(1)).
Victim Compensation Scheme: Strengthens provisions related to victim compensation.
Introduction of New Procedural Tools
Several new concepts and tools are introduced or formalised:
Summary Trial Expansion: Scope of summary trials is expanded to cover more offences (Section 260).
Preliminary Enquiry in Heinous Crimes: For offences punishable with seven years or more, a preliminary enquiry by the police may be conducted before registering an FIR, but only after obtaining permission from an officer not below the rank of Deputy Superintendent of Police (Section 175(3)). This has been a point of debate.
Production of Accused/Witness: Allows appearance of accused and witnesses through electronic means (Section 263).
Emphasis on Technology and Digitalization
Integration of technology is a core theme:
Electronic FIR: Allows filing of FIRs electronically (Section 173(1)).
Digital Records: Enables maintenance of case diary, police report, and other records in electronic form (Section 174).
Summons/Notices: Allows service of summons, notices, and warrants electronically (Sections 63 & 71).
Proceedings via Video Conferencing: Formalises and expands the use of video conferencing for various proceedings, including examination of witnesses, production of accused, and even trial in certain circumstances (Sections 263 & 530).
Community Service as a Penalty
Community service is introduced as a form of punishment for certain petty offences (Section 23).
This provides an alternative to imprisonment or fines, aiming at reformation and contribution to society for minor infractions.
The specifics of which offences are punishable with community service are typically defined in the substantive criminal law (like the Bharatiya Nyaya Sanhita, 2023) and the procedure for imposing and monitoring it is outlined in the BNSS.
These features collectively aim to make the criminal justice process in India more efficient, transparent, accountable, and just, aligning it with the expectations of a modern democratic society.
Structure and Application of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023, replaces the Code of Criminal Procedure, 1973, and governs the procedural aspects of criminal law across India. Understanding its structure and application is crucial.
Territorial Extent
The BNSS extends to the whole of India (Section 1). This includes the Union Territories and applies uniformly across all states. This is consistent with the CrPC, 1973, whose applicability was also extended to the whole of India after the reorganisation of Jammu and Kashmir.
Applicability to Offences
The BNSS provides the procedure for the investigation, inquiry, and trial of:
Offences under the Bharatiya Nyaya Sanhita, 2023 (BNS): The BNS is the new substantive criminal code replacing the Indian Penal Code, 1860. The BNSS provides the procedural framework for prosecuting offences defined under the BNS.
Offences under any other law: The BNSS procedures also apply to the investigation, inquiry, and trial of offences under any other law, unless that other law provides for a different procedure (Section 4).
This means the BNSS is the general procedural law for almost all criminal matters in India, unless a specific special or local law contains overriding procedural provisions for offences defined within that law.