The government introduced three bills: Bharatiya Nyaya Sanhita (BNS) Bill 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill 2023, and Bharatiya Sakshya (BS) Bill 2023 to replace the Indian Penal Code, 1860, Criminal Procedure Code, and Criminal Code, 1860, and Indian Evidence Act 1898, respectively, to ensure the speedy administration of justice and to create justice that serves the contemporary needs and desires of the people.

Bhartiya Nagrik Sanhit Suraksha Bill

While the proposed Bharatiya Nagarik Suraksha Sanhita, which would replace the Criminal Procedure Code, would address several issues such as serious crimes, the prevention of crime against women, mob lynching, and child trafficking, the Bharatiya Nyaya Sanhita would address a variety of issues such as trial in absentia, the use of technology, mercy petitions, and other safeguards.

The Bhartiya Nagarik Suraksha Sanhita Bill will include 533 sections, 160 of which will be changes to existing law, nine additions, and nine deletions.

The Criminal Procedure Code (CrPC), which governs the criminal justice system, has undergone several significant amendments.

Trial in absentia Part of the legal procedure is the accused’s right to take part in the trial in full and present a defense. The Criminal Procedure Code only permits the recording of evidence while the accused is not present, not a trial in absentia.

By the proposed legislation, the accused may be tried by the court even if he is not present 90 days after the day the charges are filed.

“Regardless of any provisions in this Sanhita or any other law currently in effect, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to avoid the court session and there is no direct possibility of arresting him, the personal presence of such person and presence at the court session is waived, and the court proceeds after setting the reasons in writing for the judgment. Justice”

Greater use of technology The bill stipulates that electronic mode may be used for trials, appellate hearings, and recording of depositions, including those of public employees and police officers. Video conferencing can be utilized to record the accused’s statement, while documents such as summonses, warrants, documents, police reports, and statements of evidence can be submitted electronically.

“The Bill also permits the search and seizure of assets, items, or things during a forensic expert’s visit to a crime scene, and it requires that the victim’s statement be audio-videotaped, preferably using a mobile phone. The District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class will thereafter promptly receive the recordings.”

Communication devices The clause on a summons to produce a document is expanded by the Bill to include “communication devices,” including electronic communication. “Electronic communication” is any written, verbal, visual, or video content communicated via a computer, wireless telecommunications device, or mobile phone.

A communication device storing digital evidence may be considered digital evidence and produced for any investigation, inquiry, or trial proceeding, under the new law.

Use of handcuffs If the person is “a habitual offender, a repeat offender, a fugitive from custody, a person convicted of organized crime, terrorist crime, drug crime or illegal possession of weapons and ammunition, murder, rape, acid attack, counterfeiting of coins and banknotes, human trafficking, sexual crimes against children, crimes against the state, including a person convicted of acts that threaten sovereignty,” reads the draft law, which allows the police to use handcuffs during arrests.
Mercy Petitions In circumstances of a death sentence, there is a procedure that permits a convict to submit a mercy petition. The offender has thirty days from the moment the jail superintendent tells him of the date that the death sentence will be confirmed to file a petition.
Detention by Police Additionally, some rules allow authorities to hold or remove anyone who refuses to follow instructions issued as part of a preventive measure. The Bill also establishes rules for preventative detention and the custody of those suffering from mental illness.
Specific Safeguards Section 35 will replace Section 41A of the Criminal Procedure Code, which contains a significant safeguard against arrests.

It also includes an additional clause that states that no one can be arrested without the consent of an officer with at least the rank of DSP, especially if the crime carries a sentence of less than three years or the suspect is above 60.

Sanction to Prosecute Within 120 days after receiving a request, the government must decide whether to sanction or reject a prosecution of a public employee.

The sanction will be considered to have been applied if the government doesn’t comply. In situations involving, for example, sexual offenses or trafficking, no penalty is necessary.

Arms in Procession To maintain public peace, the district magistrate has the authority under Section 144A of the Criminal Procedure Code to forbid carrying weapons during any procession, mass drill, or mass training.

While the provisions in Section 144 of the CrPC affording the DM authority remain unchanged, the prohibition against carrying weapons is not mentioned.

Without being arrested, the magistrate may order anyone to provide samples of his signature, handwriting, voice, or finger impressions for an investigation under the terms of the proposed law.

Significance of Bhartiya Nagrik Sanhit Suraksha Bill

It calls for defined deadlines for time-bound inquiries, trials, and decisions and will codify and revise the law relating to criminal procedure.
It will guarantee prompt justice delivery.
The proposed legislation supports the government’s ambition for a “Digital India.”
For instance, it stipulates that digital or electronic records can be used as evidence and that they must have the same legal validity and enforceability as paper records.
The law uses a citizen-centric method to provide an FIR and updates victims on the status of their cases, including through digital channels.

-Pragati Sengar