Introduction:
The Bharatiya Nagrik Suraksha Sanhita, 2023 (Bill) was introduced in the Lok Sabha by Sri Amit Shah, the Minister of Home Affairs and Minister of Cooperation, on August 11, 2023, by repealing and replacing the existing Code of Criminal Procedure, 1973 (Cr.P.C.) along with two other Bills, respectively the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Sakshya Sanhita, 2023, intended to replace the Indian Penal Code, 1860 (IPC) and the Indian Evidence Act, 1872.
The reasons for replacing the old code was delivered by Sri Amit Shah in the introductory speech at Lok Sabha and stated as follows:
- The old codes were made by the British government by using British rules and regulations to help the British authorities.
- The old codes were made mainly to favor the British government, not the citizens, whereas the new codes are made for the benefit of the citizens of India.
- The most important point is that the old codes were outdated as per the modern, developed, and digital world.
- The old codes were time-consuming. We need a fast-track system in criminal justice to solve the problems.
Changes:
The Code of Criminal Procedure, 1973, consists of 484 sections, whereas the new code, Bharatiya Nagrik Suraksha Sanhita, 2023 (Bill), consists of 533 sections, in which 107 sections have changed, 9 new sections are added, and 9 sections are removed.
- Digitization in Criminal Trial: In the proposed bill, the utilization of technology is increased.
- A video conference is mandatory for every criminal trial, appeals procedure, and recording of depositions. Statements of the accused or individuals will also be recorded.
- Videography of the evidence must be preserved so that it is easy to produce in court for future references and there is no unnecessary junk to store in police custody.
- In search and seizure, videography is mandatory.
- Charge sheets must be filed with the video proof by the Police.
- Enhancing Forensic Evidence in Criminal Investigation :
- This Bill mandates forensic investigation for offences punishable by at least seven years of imprisonment.
- It is mandatory to visit crime scenes by forensic experts to collect forensic evidence as soon as the crimes are reported and record the process on a mobile phone or any other electronic device.
- Mobile Forensic Science Labs also be prepared for emergency cases.
- Judicial Proceedings: The trials are always a time-consuming process in the Indian judicial system. The new Bill proposes drastic changes in judicial proceedings so that victims get their desired justice.
- For the offences where the punishment is less than 3 years, the case must be solved in a summary trial.
- The charge sheet should be filled out within 90 days by the police, which can be extended by 90 days with a valid reason.
- After the conclusion of arguments, the decision must be given within 30 days, which may extend to a period of 60 days with valid reasons.
- The judgment must be uploaded to the official portal within 7 days.
- The Bill provides for the conduct of a trial and the pronouncement of judgment in the absence of a proclaimed offender. This shall be done when such a person has absconded to evade trial and there is no immediate prospect of arresting him. The offence shall be punishable with imprisonment for 10 years or death.
- For the prosecution of any civil servant or police officer who is accused of any criminal offences, if the government authority fails to respond to the application within 120 days, the trial will be started.
- A retired person shall not be summoned to court for testimony; the current working person will give testimony on the basis of the official files.
- Zero FIR:
- In the new Bill, FIR can be registered in any police station, with or without a specific jurisdiction.
- Within 15 days of filing the FIR, it must be transferred to the requisite police station in the jurisdiction.
- Hearing opportunity for Victims:
- The victim gets an opportunity for a hearing when there is a closure of any severe cases where the punishment is more than 7 years.
- Reducing Punishment:
- Any punishment cannot be fully obsoleted by using the mercy petition. Punishment can only be reduced.
- Arrest: –
- An additional clause is added that mandates that individuals cannot be arrested without prior permission from an officer ranked no lower than Deputy Superintendent of Police if the offense carries a punishment of less than 3 years or if the individual is over 60 years old.
- This Bill permits magistrates to order individuals to provide samples of their signature, handwriting, voice, or finger impressions for investigation without necessitating their arrest.
- In cases involving repeat offenders who have escaped custody or committed serious crimes like organized criminal activities, terrorism, or offenses against the state, police officers may be authorized to employ handcuffs during the arrests.
Conclusion:
In conclusion, it can be said that the Bharatiya Nagrik Suraksha Sanhita Bill presents commendable efforts to modernize India’s criminal justice system. It expands the safeguard of judicial rights and the justice system by protecting the rule of law and the rights of citizens.
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