Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023- Overview And FAQ

The BNSS, 2023 is a comprehensive legislation enacted to replace the Code of Criminal Procedure (CrPC), 1973. It aims to modernize India's criminal justice system by incorporating technological advancements, streamlining procedures, and enhancing citizen rights.

The BNSS was enacted on December 25, 2023, and came into force on July 1, 2024.

The BNSS seeks to:

• Modernize the criminal justice system to address contemporary challenges like cybercrime and organized crime.
• Introduce forensic and technological integration for serious crimes.
• Establish specific timelines to expedite judicial processes and reduce case backlogs.
• Enhance transparency in detention and custody procedures while balancing police powers and individual rights.

• Information for an FIR can be given orally or through electronic communication.
• A free copy of the FIR must be provided to the informant under Section 173(2).
• The BNSS recognizes Zero FIRs, allowing registration at any police station regardless of jurisdiction, with subsequent transfer to the appropriate station.

A Zero FIR is an FIR registered at any police station, irrespective of the crime’s jurisdictional area. It is later transferred to the police station with appropriate jurisdiction for investigation. This provision ensures victims can report crimes without jurisdictional barriers.

Yes, if new facts reveal independent criminal acts after the first FIR, a separate FIR is valid and necessary for proper investigation.

For offences punishable with seven years of imprisonment or more, forensic investigation is mandatory. Forensic experts must visit crime scenes to collect evidence and document the process.

Yes, the BNSS permits all trials, inquiries, and proceedings to be conducted in electronic mode. Electronic communication devices likely to contain digital evidence can be used for investigation, inquiry, or trial.

If a proclaimed offender has absconded and there is no immediate prospect of arrest, the BNSS allows the trial to proceed and judgment to be pronounced in their absence.

In addition to specimen signatures or handwriting, the BNSS allows the collection of finger impressions and voice samples for investigation or proceedings.

A wife, legitimate or illegitimate minor child, or a child unable to maintain themselves, and parents can claim maintenance under the BNSS. Section 144 corresponds to Section 125 of the CrPC, 1973.

• Bail is defined as the release of a person accused or suspected of an offence from custody upon conditions imposed by an officer or court, with a bond or bail bond.
• Bailable offences are listed in the First Schedule or made bailable by other laws, while non-bailable offences are those not listed as bailable.
• Bail applications for non-bailable offences must be filed within 30 days of the framing of charges.

The BNSS allows police custody beyond the initial 15 days if sufficient grounds are provided, subject to judicial discretion, to balance investigation needs and individual rights.

Concerns include:

• Potential misuse of increased police powers.
• Treatment of undertrial prisoners.
• Possible overlaps with existing laws.
• Challenges with audio-video evidence, such as susceptibility to alterations.

Effective implementation is crucial to avoid infringing on individual rights.

The BNSS emphasizes empathy towards victims, particularly those of sexual violence, and mandates conveying the progress of investigations to ensure transparency.

The full text, including all sections, schedules, and details, is available on websites like indialawacts.in.

COMPARISON SUMMARY CrPC to BNSS, including all sections and details, is available on websites like indialawacts.in.

The Bharatiya Nagarik Suraksha Sanhita, 2023, effective from July 1, 2024, replaces the CrPC and governs criminal procedure in India. With 531 sections across 39 chapters, it streamlines judicial processes.

The Bharatiya Nagarik Suraksha Sanhita, 2023, effective from July 1, 2024, replaces the CrPC and governs criminal procedure in India. With 531 sections across 39 chapters, it streamlines judicial processes.