The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (), is the main legislation on procedure for administration of substantive criminal law in India.
Background and Timeline
On 11-August-2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha. On 12-December-2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was withdrawn. On 12-December-2023 – 2024, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was introduced in Lok Sabha. On 20-December-2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Lok Sabha. On 21-December-2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Rajya Sabha. On 25-December-2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 received the assent of the President of India. Structure The BNSS comprises 39 chapters and 531 sections. In addition, there are two schedules also. The outline of the Sanhita is as follows:Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 PRS India, 10 November 2023 +The Bharatiya Nagarik Suraksha Sanhita, 2023ChaptersClauses Classification of OffencesChapter 1Clauses 1 to 5Preliminary Chapter 2Clauses 6 to 20Constitution Of Criminal Courts And OfficesChapter 3Clauses 21 to 29Power Of Courts Chapter 4Clauses 30 to 34Powers Of Superior Officers Of Police And Aid To The Magistrates And The PoliceChapter 5Clauses 35 to 62Arrest Of PersonsChapter 6Clauses 63 to 93Processes To Compel Appearance Summons (63 to 71) Warrant Of Arrest (72 to 83) Proclamation And Attachment (84 to 89) Other rules regarding processes (90 to 93)Chapter 7Clauses 94 to 110Processes To Compel The Production Of Things Summons To Produce (94 to 95) Search-warrants (96 to 101) General Provisions Relating To Searches (102 to 104) Miscellaneous (105 to 110)Chapter 8Clauses 111 to 124Reciprocal Arrangements For Assistance In Certain Matters And Procedure For Attachment And Forfeiture Of PropertyChapter 9Clauses 125 to 143Security For Keeping The Peace And For Good BehaviourChapter 10Clauses 144 to 147Order For Maintenance Of Wives, Children And ParentsChapter 11Clauses 148 to 167Maintenance Of Public Order And Tranquillity Unlawful Assemblies (148 to 151) Public Nuisances (152 to 162) Urgent Cases Of Nuisance Or Apprehended Danger (163) Disputes As To Immovable Property (164 to 167)Chapter 12Clauses 168 to 172Preventive Action Of The PoliceChapter 13Clauses 173 to 196Information To The Police And Their Powers To InvestigateChapter 14 Clauses 197 to 209Jurisdiction Of The Criminal Courts In Inquiries And TrialsChapter 15Clauses 210 to 222Conditions Requisite For Initiation Of ProceedingsChapter 16Clauses 223 to 226Complaints To Magistrates Chapter 17 Clauses 227 to 233Commencement Of Proceedings Before MagistratesChapter 18Clauses 234 to 247The Charge Form Of Charges (234 to 240) Joinder of charges (241 to 247)Chapter 19Clauses 248 to 260Trial Before A Court Of SessionChapter 20Clause 261 to 273Trial Of Warrant-cases By Magistrates Cases Instituted On A Police Report (261 to 266) Cases Instituted Otherwise Than On Police Report (267 to 270) Conclusion Of Trial (271 to 273)Chapter 21Clause 271 to 282Trial Of Summons-cases By MagistratesChapter 22Clause 283 to 288Summary TrialsChapter 23Clause 289 to 300Plea BargainingChapter 24Clause 301 to 306Attendance Of Persons Confined Or Detained In PrisonsChapter 25Clause 307 to 336Evidence In Inquiries And Trials Mode Of Taking And Recording Evidence (307 to 318) Commissions For The Examination Of Witnesses (319 to 336)Chapter 26Clause 337 to 366General Provisions As To Inquiries And TrialsChapter 27Clause 367 to 378Provisions As To Accused Persons Of Unsound MindChapter 28Clause 379 to 391Provisions As To Offences Affecting The Administration Of JusticeChapter 29Clause 392 to 406The JudgmentChapter 30Clause 407 to 412Submission Of Death Sentences For ConfirmationChapter 31Clause 413 to 435AppealsChapter 32Clause 436 to 445Reference And RevisionChapter 33Clause 446 to 452Transfer Of Criminal CasesChapter 34Clause 453 to 477Execution, Suspension, Remission And Commutation Of Sentences Death Sentences (453 to 456) Imprisonment (457 to 460) Levy Of Fine (461 to 464) General provisions regarding execution (465 to 471) Suspension, Remission And Commutation Of Sentences.e (472 to 477)Chapter 35Clause 478 to 496Provisions As To Bail And BondsChapter 36Clause 497 to 505Disposal Of PropertyChapter 37Clause 506 to 512Irregular ProceedingsChapter 38Clause 513 to 519Limitation For Taking Cognizance Of Certain OffencesChapter 39Clause 519 to 531Miscellaneous
Changes The BNSS makes a number of changes to the CrPC, some key changes are:
Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC. Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial. Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made. Improving the efficiency of the criminal justice system: The BNSS seeks to improve the efficiency of the criminal justice system by streamlining procedures and reducing delays.
The following are some of the key changes made in the BNSS:
Arrest: The BNSS gives the police more powers to investigate crimes and requires them to complete investigations within a specified time period. Trial: The BNSS streamlines the trial process and requires courts to dispose of cases within a specified time period. Community Service For the first time in India's penal code history, the Bharatiya Nyaya Sanhita (BNSS) introduces "Community Service" as a distinct form of punishment, marking a significant shift towards reformative justice. This provision allows courts to sentence offenders to unpaid work for the benefit of the community for specific petty offences, such as defamation, public intoxication, and attempting to commit suicide with the intent to restrain a public servant. By incorporating this alternative to imprisonment, the BNSS aims to reduce the burden on the prison system while offering a constructive avenue for rehabilitation for minor infractions. Section 173 of the BNSS gives statutory recognition to the concept of Zero FIR, which allows a First Information Report (FIR) to be registered at any police station, irrespective of its territorial jurisdiction. The provision mandates that information regarding a cognizable offence can be given orally or electronically to an officer-in-charge, who must register it and transfer it to the relevant jurisdictional police station.
Analysis BNSS makes the ability of the accused to secure bail, more difficult and limits the scope for plea bargaining. It empowers police officers to compel an accused to produce their digital devices to access their contents for investigation purposes. It also gives police the discretion to seize and attach the property of an accused before a trial has taken place.
For every cognisable offence punishable for three years or more but less than seven years, BNSS mandates a preliminary inquiry to be conducted by the police before an FIR can be lodged. This supersedes the Supreme Court's decision in Lalita Kumari vs Government of Uttar Pradesh in 2013, wherein the court found that investigating officers had undue powers in deciding whether an FIR was warranted.
See also Bharatiya Nyaya Sanhita, 2023 Bharatiya Sakshya Act, 2023
References
External links Bharatiya Nagarik Suraksha Sanhita from Ministry of Home Affairs