Bhartiya Nagrik Suraksha: Ensuring the Safety and Security for India
Introduction
Bhartiya Nagrik Suraksha Sanhita is a new procedural code of India introduced in 2023 which is all set to replace an outdated Code of criminal Procedure Code. Its main aim is to modernize the India’s Criminal justice system. The aim of the BNSS is to enhance the India’s Judicial System in procedural aspect. Enhancing of the procedural aspect includes efficiency, ensuring fair trials and protecting human rights of the individual in criminal justice.
Contents
Background
Overview
Key Features
Conclusion
Background
11 August, 2023 :- Bhartiya Nagrika Suraksha Sanhita was introduced in Lok sabha that is the Lower House of the Parliament by the Home Minister of India Shri Amit Shah.
12 December, 2023 :- It was withdrawn from lok sabha
12 December, 2023 :- Bhartiya Nagrika Suraksha Sanhita (Second) was introduced in Lok Sabha
20 December, 2023 :- It was passed in Lok Sabha
21 December, 2023 :- Bhartiya Nagrika Suraksha Sanhita was introduced in Rajya Sabha that is the Upper House of the Parliament and was passed
25 December, 2023 :- It got the President assent
Overview
Code of Criminal Procedure (CrPC) was instituted in 1973. It has been a backbone of Indian Judicial System but with passing time it has become outdated. However many amendments were made but it was not enough. Bhartiya Nagrika Suraksha Sanhita bill will enhance the justice system of India. BNS is aligned with the decad’s research and is also aligned with the government and vision of freedom from colonial rule.
This legislation introduces the comprehensive measures like to expedite trials, ensuring timely justice for all citizens. The new law provides the use of technology, forensic science in the investigation, trials, lodging information, summons etc. Many specific time-lines have been provided for the time bound investigation.
However accepting this provision are not going to be easy and development in the judicial system cannot be without challenges. It’s going to require a lot of efforts from courts, police and citizen of the country. Training programs are required to explain the changes and provisions of the new laws. Experts in this field can do this job properly. Public awareness campaigns are required. The efforts may be long and winding, but it will help in understanding the new provisions and accepting and using it properly.
Key Features of the Bill
BNSS mostly preserves the provision of Criminal procedure code, however the provisions of the BNSS are more simplified then Criminal Procedure Code. This bill is reducing trial duration, investigatory powers are enhanced, timeline in procedure are implementing etc.
According to BNSS provision the state government is authorized to appoint any police officer not below the rank of superintendent of police or equivalent as a special executive magistrate.
Fine imposition by first Class Magistrate is increased by 10,000 to 50,000 and Second Class Magistrate fine imposition is increased from 5,000 to 10,000. They has also been empowered by imposing community service as a sentence.
In case the offence is punishable for 3 years and the accused is aged person or infirm person then no arrest should be made without the permission of the officer not below the rank of DSP.
The BNSS is introducing the use of technology and the service of summons by the court through electronic method but it should be authenticated by court.
If the accused is proclaimed offender and the offence is punishable for 10 years imprisonment or more then he can be declared for death or life imprisonment.
The provision of Zero FIR is also introduced where if the information about the commission of the offence is received but it is outside the jurisdiction of the police then also they can lodge the information in Diary. Lodging Fir through electronic means are also introduced.
It also says that the report of examination of rape victim by medical practitioner shall be forwarded to the investigating officer of the case within 7 days who shall forward it to the magistrate.
It gives the provision related to videography of search and seizure and the signing of it witnesses is also mandatory.
Metropolitan areas and Metropolitan Magistrates have been omitted from the BNSS
Conclusion
The evolution of Indian penal Code to Bharitya Nagrik Surkasha Sanhita is quite impressive as it shows the evolutions of Social norms, culture etc. It signifies that there is end to the colonial era. BNNS is more modern, technological savvy act. It reflects the justice, equality and fairness in the legal frameworks. The success of this transition will be depending upon the acceptance in the society. Its collective effort of several professors, legal professional etc. It’s a comprehensive guide for the modern technological era.
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About the Author
Anju S Nair
Legal Researcher | LLB, MA English| Corporate Lawyer | Business Enthusiast | Founder & CEO at iLawbook.