Salient
Features/ Key Changes/ Key Amendments in the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS)
Ø The name of the Act is the “Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023” and it has replaced the Code of Criminal
Procedure, 1973.
Ø Section 2 of BNSS has been expanded to
introduce new definitions for key terms such as ‘audio-video electronic means’
[Section 2(1)(a)], ‘bail’ [Section 2(1)(b)], ‘bail bond’[Section 2(1)(d)],
‘bond’ [Section 2(1)(e)], and ‘electronic communication’ [Section 2(1)(i)].
These changes reflect the evolving landscape of technology in investigation,
trial, and court proceedings, covering aspects such as the service of summons,
notices, audio-video conferencing for deposition of evidence, and recording of
search and seizure. Additionally, previously undefined, terms relating to
‘bail’ have now been defined. Further, the definition of ‘victim’ [Section
2(1)(y)] has been broadened by eliminating the requirement of the accused
person being formally charged. This modification expedites the process of
victims receiving compensation entitled to them in certain cases.
Ø An Explanation has been added to the
definition of “investigation” [2(1)(l)] to clarify that in case any provisions
of a special act is inconsistent with the provisions of the BNSS, 2023, the
provision of special act shall prevail.
Ø The post of Judicial Magistrate of the
third class, Metropolitan Magistrate and Assistant Session Judges has been
abolished to bring uniformity in classes of Courts and Judges across the
country. There will be 4 kinds of Judges now, i.e., Judicial Magistrate of the
second class, Judicial Magistrate of the first class (includes Chief Judicial
Magistrate or Additional Chief Judicial Magistrate), Sessions Judge (includes
Additional Session Judge) and Executive Magistrates. Consequential changes have
been made to Sections 8, 11,12, 14, 17, 22, 29, 113, 196, 214, 320, 321, 415,
422 and 436 of the BNSS, 2023.
Ø Under Section 15 of BNSS, the State
Government is now authorized to appoint as a Special Executive Magistrate, any
police officer not below the rank of Superintendent of Police or equivalent in
addition to an Executive Magistrate.
Ø A proviso has been added in Section 18(1)
of the BNSS, 2023 to allow Central Government to appoint the Public Prosecutor
or Additional Public Prosecutor for the purpose of prosecution before the Delhi
High Court.
Ø In case of appointment of any other person
in the absence of Assistant Public Prosecutor, the District Magistrate is
required to give 14 days’ notice to the State Government before making such an
appointment [Section 19(3)].
Ø Section 20 of BNSS establishes a
comprehensive Directorate of Prosecution and defines the eligibility,
functions, and powers of various authorities under it. For the first time,
under Section 20(1)(b) the provision for District Directorate of Prosecution
has been made. It is prescribed that the Directorate of Prosecution shall be
headed by the Director of Prosecution under the administrative control of the
Home Department in the State. The Director of Prosecutions [Section 20(7)] will
be responsible for giving opinions on filing appeals and monitoring cases
punishable with 10 years or more/life imprisonment/death. The Deputy Director
of Prosecution [Section 20(8)] has been made responsible to examine police
report and monitor the cases punishable for 7 years or more, but less than 10
years and for ensuring their expeditious disposal. The Assistant Director of
Prosecution [Section 20(9)] has been empowered to monitor cases punishable for
less than 7 years. This provision delineates the powers and functions of the
Prosecution and instils accountability in the overall process of justice
dispensation.
Ø In Section 23, the power of limit of
imposing fine by a Magistrate of the first class has been increased from Rs.
10,000 to maximum of Rs. 50,000 and for the Magistrate of second class from Rs.
5,000 to Rs.10,000. These two classes of Magistrates have also been empowered
to impose community service as a form of sentence. Community service has been
explained as “Court ordered work that benefits the community, and which is not
entitled to any remuneration” [Explanation to Section 23]. This provision seeks
to not only decrease the prison population but also adopts a more
rehabilitative and reformative approach to punishment.
Ø In the matter of sentences in several
offences, an addition has been made in section 25 of the BNSS, 2023 that the
Court considering the gravity of the offences shall order punishments to run
concurrently or consecutively.
Ø In Section 35(7), the aged and infirm
persons have been protected from arrest. It has been provided that no arrest
shall be made in case of an offence punishable for less than three years if the
person is infirm or above the age of 60 years, without prior permission of the
officer not below the rank of Deputy Superintendent of Police. The rights of
the aged and infirm have further been protected as witnesses in section 179(1)
of BNSS where no person above the age of 60 years or a person with acute illness
will be required to attend at any place other than where they reside.
Ø Section 37(b) introduces that there shall
be one designated police officer in every district and at every police station,
not below the rank of ASI who shall be responsible for maintaining and giving
information to the public about details of persons arrested, etc. For clear
visibility, the names, addresses, and charges against arrested persons can now
be prominently displayed through digital means.
Ø In case of arrest by a private person,
Section 40 of the BNSS, 2023 has been modified to mandate the production of
such arrested person within six hours before a police officer or to be taken to
the nearest police station.
Ø In Section 43(3), a specific provision has
been made to provide for the use of handcuff while effecting the arrest and
production before court of an arrested person who has either escaped from
custody earlier or is a habitual or repeat offender in heinous offences like
organized crime, terrorist act, drug related crime, illegal possession of arms
and ammunition, murder, rape, sexual offences against children, acid attack,
counterfeiting of coins and currency notes, human trafficking, offences against
the State.
Ø Section 50 provides for the ‘immediate’
seizure of offensive weapon after the arrest is made.
Ø In Section 51(3), it has been provided that
the medical practitioner shall without any delay forward the examination report
of the arrested person to the I.O.
Ø The additional medical examination of the
arrested person in police custody is specifically included in Section 53 of the
BNSS, 2023.
Ø Section 63 introduces technology
compatibility for issuance and service of summons. The Court can now issue
summons in electronic form authenticated by the image of the seal of the Court
or digital signature. Further, Section 70 allows for service of summons through
electronic means. For the purpose of making the process effective, transparent,
and accountable, a provision has been made in Section 64 for maintaining the
register in the police station and in the Court to keep the address, email
address, phone number etc. of the person to be summoned.
Ø In Section 66, gender neutrality has been
introduced and women have been included as an adult member of the family for
the purpose of service of summons on behalf of the person summoned. The earlier
reference to ‘some adult male member’ has been replaced with ‘some adult
member’.
Ø In case of arrest under a warrant, Section
82 in BNSS casts a duty on the police officer making the arrest to forthwith
give information regarding such arrest and the place where the arrested person
is being held to the designated police officer and to such police officer of
another district where the arrested person normally resides.
Ø Earlier a person could have been declared a
“proclaimed offender” only under few sections. Even heinous offences like rape,
trafficking, etc. were not covered under this category. Significant changes
have been brought in Section 84(4) where it has been provided that proclaimed
offender can be declared in all the offences which are punishable with
imprisonment of 10 years or more, or with life imprisonment, or with death.
Ø In newly introduced Section 86 of the BNSS
a police officer not below the rank of Superintendent of Police may make a
written request to the Court to initiate the process of assistance from a
court/authority in the contracting State outside India for identification,
attachment and forfeiture of the property belonging to a proclaimed person.
Ø In Section 94, the BNSS introduced
production of electronic communication, including communication devices which
is likely to contain digital evidence.
Ø To ensure the use of technology and to
bring accountability in investigation during search and seizure, a new
provision in section 105 has been added making the videography of the process
of search and seizure including the preparation of a list of seized items and
the signing of it by the witness mandatory. Such videography may be done on
mobile phone.
Ø In Section 107, a new provision has been
added to enable the police, with the permission of the Court, to attach and
forfeit any property obtained as proceeds of crime. For the first time such a
provision on attachment, forfeiture, and restoration of proceeds of crime has
been introduced in the BNSS, 2023. This provision will increase the liability
on fugitive criminals and act as compelling factor for their participation in
the proceedings instituted against them.
Ø In the Chapter on Order for Maintenance of
Wives, Children and Parents (Chapter X), an important addition has been made in
the BNSS, 2023 in section 145 whereunder in case of the dependent father or
mother, the proceedings for order of maintenance may be initiated at the place
where he/she resides. This removed the difficulty which existed in the CrPC
wherein in case of parents, the place for initiation of proceeding was the
place of residence of their son.
Ø The Deputy Commissioner of Police has been
added in Section 162 relating to the District Magistrate/Sub-Divisional
Magistrate/Executive Magistrate who can deal with procedure in case of public
nuisance.
Ø In the newly inserted Section 172, the
power of police to detain or remove any person resisting, refusing,
disregarding etc to conform to any direction of a police officer is introduced
which warrants production of such person before the Magistrate and in petty
cases release of such person within 24 hours after the occasion is past.
Ø In Section 173, the provision of filing of
Zero FIR has been introduced. Now, when information is received by the police
that discloses the commission of an offence outside the limits of a police
station, it shall be entered in the book to be kept by such officer. Further,
the provision for lodging information through electronic communication (e-FIR)
has been added with the enabling provision that the signature of the person
giving such information be taken within 3 days before the e-FIR is taken on record.
Ø The BNSS introduced the right of the victim
to get, free of cost, the copy of FIR in Section 173(2).
Ø The BNSS in Section 173(3) introduced the
concept of ‘preliminary enquiry’ in cases punishable with 3 years or more but
less than 7 years. The timeline to complete such preliminary enquiry is fixed
as 14 days. Such preliminary enquiry may be conducted only with the prior
permission of the officer not below the rank of Deputy Superintendent of
Police.
Ø In Section 173(4), specific mention of
‘making an application to the Magistrate’ is introduced in the event the FIR is
not registered even after the intervention of the Superintendent of Police.
Ø To increase the credibility of
investigation and the accountability of police, it has been provided in Section
174 that in cases of non-cognizable offences, the police officer apart from
referring the complainant to Magistrate, shall also forward the daily diary
report of such cases to the Magistrate fortnightly.
Ø In serious cases considering the nature and
gravity of the offence, the BNSS in section 175(1) allows the SP to depute DSP
rank officer to conduct the investigation.
Ø Now under Section 175(3), in case of a
cognizable offence, the Magistrate before directing an investigation by the
police requires to examine the application of the complainant along with
affidavit and submission made by the police officer. The Magistrate may make
inquiries in this regard.
Ø Section 175(4) of BNSS provides protection
against false and frivolous cases against public servants discharging their
official duties. The Magistrate shall now take cognizance of a complaint
against a public servant arising in course of discharge of his official duties,
after considering his assertions made by him and receiving a report containing
facts and circumstances of the incident from his superior officer.
Ø To
provide more protection to the victim, and enforcing transparency in
investigation, Section 176(1) provides that in relation to an offence of rape,
the statement of the victim shall be recorded through audio video means.
Ø For bringing credibility to investigation,
forensic experts have been mandated to visit the crime scene to collect
forensic evidence for offences punishable for 7 years or more in Section
176(3). The States shall, as early as possible but not later than 5 years, make
forensic evidence collection in such cases compulsory. Also, where a forensic
facility is not available for the time being, it has been provided that the
State Government may notify the use of such facility in another State. This
provision will strengthen evidence collection, and bring accountability to
investigation, the lack of which today results in low conviction rate.
Ø In Section 179 of BNSS the exemption from
attending the police station is given to women, person above 60 years and a
person with acute illness. Further, a proviso is added to allow the persons
mentioned in the exemption category to attend at the police station if he/she
is willing so to do.
Ø In Section 183, now the Judicial Magistrate
in whose district the offence has been registered (whether having jurisdiction
in the case or not) is made competent to record the confession or statement in
the course of investigation.
Ø For serious and heinous offences, it has
been introduced in section 183 that in cases relating to the offences
punishable with imprisonment for ten years or more or imprisonment for life or
with death, the Judicial Magistrate shall mandatorily record the statement of
the witness brought before him by the police officer. This provision adds
credibility to the criminal process.
Ø Affording further protection to the victims
of rape, it has been mandated in section 183(6)(a) that their statement shall
be recorded only by a lady Judicial Magistrate and in her absence, by a male
Judicial Magistrate in the presence of a woman.
Ø To facilitate speedy and accountable
criminal proceedings, Section 184(6) provides that the registered medical
practitioner shall forward the report of examination of a victim of rape to the
investigating officer within 7 days, who shall further forward it to the
Magistrate. This provision establishes a specific timeframe for the supply of
medical reports and streamlines the overall process of supply of documents.
Ø Section 185 introduces several checks on
the powers of the police while conducting search. Firstly, the police officer
is required to record the grounds of his belief for conducting search at a
place in the ‘case-diary’ under section 185(1). Further, any search conducted
by a police officer shall be recorded through audio-video electronic means as
per section 185(2). Further, Section 185(5) makes the police officer
accountable to send, within 48 hours, the copies of any record made in this
regard to the nearest Magistrate empowered to take cognizance of the offence.
Ø To address the issue of accused persons
avoiding police custody in the initial 15 days, Section 187 gives the
opportunity to examine the accused in custody for a maximum of 15 days spread
over the first 40/60 days of the period of total detention of 60/90 days. The
section provides that the police officer shall have such custody of an accused
only if he is not on bail or if his bail has been cancelled. This provision
strengthens investigation without curtailing the rights of the accused persons
more than before. To further protect the right of the accused to bail, section
480 specifically provides that the accused being required for police custody
beyond the first 15 days, will not be the sole ground for refusing grant of
bail to the accused.
Ø Further, Section 187 provides that the
detention shall only be in a police station under police custody or in prison
under judicial custody or any other place declared as a prison by the Central
Government or the State Government.
Ø Previously, an accused who was not in
custody was mandatorily arrested and produced in court for the Magistrate to
take the cognizance of the charge sheet (police report). This provision has
been changed to remove the condition of the accused being in custody. It has
now been provided in section 190 that if the accused is not in custody, the
police officer shall take security for his appearance before the Magistrate and
the Magistrate shall not refuse to accept the charge sheet on the ground that
the accused is not taken in custody.
Ø Section 193(3)(i) has made forwarding of
the police report by the officer in charge of the police station to the
Magistrate including through electronic means. Under section 210, technology
compatibility has been further provided to the Magistrate enabling him to take
cognizance of any offence upon receiving a police report electronically.
Electronic evidence has been dealt with separately in this provision, where a
police report must also include details of the sequence of custody in case of
electronic device [section 193(3)(i)(h)].
Ø Further, in a step to make the law more
victim centric, Section 193(3)(ii) mandates that the police officer must inform
the progress of investigation to the informant or victim within 90 days of the
investigation. Technology has been included as a valid mode of communication
for conveying this to the victim/informant.
Ø Earlier, supplying the police report and
other documents to the accused was often delayed due to vexatious tactics being
used by the accused to cause unnecessary disruptions in the proceedings. To
streamline the process of supply of copies to the accused, Section 193(8) has
been introduced which makes the police officer responsible to submit such
number of copies of the police report along with other documents duly indexed
as required to be furnished to the accused persons, to the Magistrate at the
time of filing of charge sheet for supplying to the accused. Further, to make
this process of supply of documents citizen friendly and technologically
compatible, supply of documents through the electronic communication has been
included. In Section 230 this process has been further streamlined and the
Magistrate has to supply the documents so received to the accused within 14
days from the date of production/appearance of the accused. Such supply of
documents has also been made technologically compatible by including its supply
through electronic communication.
Ø Proviso to Section 193(9) provides a
timeline for conducting further investigation during trial. It has been
provided that after filing of charge sheet if further investigation is
required, it shall be completed within 90 days, and any extension of time period
beyond 90 days shall only be with the permission of the Court. This provision
serves as a safeguard against the potential abuse of police power, makes the
police more accountable, and prevents unnecessary delays in criminal
proceedings.
Ø Section 194(2) of BNSS provides a time
period of 24 hours for forwarding the report on suicide to the District
Magistrate or Sub-divisional Magistrate.
Ø For the ease and convenience of the witness
and to prevent undue harassment by police, the proviso to Section 195 provides
that no male person under the age of fifteen years or above the age of 60 years
(65 years earlier) or a woman or a mentally or physically disabled person or a
person with acute illness shall be required to attend at any place other than
the place in which such male person or woman resides. In case, where such a
person is willing to attend the police station, they may be allowed to do so.
Ø In case of offence committed outside India,
the jurisdiction of the Court where the offence is registered is also included
in Section 208. Further, in case of receipt of evidence relating to offences
committed outside India, the depositions or exhibits may be produced in
electronic form as well.
Ø In case of cognizance of offences by
Magistrates on police report, Section 210 includes submission of police report
in electronic mode as well.
Ø In an attempt to end the delay caused in
receiving sanction for prosecution of public servants, it has been provided in
Section 218 that the sanctioning authority shall take decision within 120 days
from the date of receipt of the request, failing which, the sanction shall be
deemed to have been accorded by such authority.
Ø Currently in complaint cases, the Court
takes cognizance of an offence even without the knowledge of the accused
person. To strengthen the rights of citizens, it has been provided in Section
223 that the Magistrate shall grant an opportunity to the accused person to
present his side to the Court before the Court proceeds to take cognizance of
an offence on a complaint.
Ø In compliant cases, Section 223 provides
protection against false and frivolous cases against public servants
discharging their official duties in complaint cases. The Magistrate shall now
take cognizance of a complaint against a public servant arising in course of
discharge of his official duties, after considering his assertions and
receiving a report containing facts and circumstances of the incident from his
superior officer.
Ø In Section 227 dealing with issuance of
process, the summons and warrants may also be issued through electronic means.
Ø In Section 230, timeline has been
prescribed with respect to the supply of copies of police report and other
documents to the accused and the victim which is to be made within 14 days from
the date of production or appearance of the accused. In case of voluminous
documents, the copies may be furnished through electronic means. Similarly in
case of Sessions triable cases instituted on a complaint, the copies statements
and documents may be furnished through electronic means in Section 231.
Ø To address delays in commitment cases,
Section 232 stipulates that the proceedings must be completed within 90 days
from the date the Magistrate takes cognizance. This period may be extended to
180 days, with reasons recorded in writing. Further, any application filed
before the Magistrate by the accused or the victim shall also be forwarded to
the Court of Session.
Ø To minimize delays and ensure a prompt
trial in sessions cases, Section 250 mandates a 60-day window from the date of
committal for the accused to file a discharge application. Additionally,
Section 251 reinforces this effort by setting a 60-day timeline for framing
charges from the first hearing on charge. To enhance efficiency, the use of
audio-video means to communicate and explain charges to the accused person, is
introduced [Section 251(2)].
Ø To expedite criminal proceedings using
technology, Section 254 allows for the use of audio-video electronic means in
Sessions cases for the deposition of evidence or statements of witnesses,
police officers, public servants, or experts. A similar provision is included
in Section 265 for the trial of warrant-cases, enabling the use of electronic
means for examining witnesses.
Ø In Sessions cases, timelines have been
prescribed for delivering judgments. Section 258 provides for a period of 30
days, from the date of conclusion of arguments for giving the judgment. Such
period may be extended to 45 days with reasons recorded in writing. Further,
Section 392 (1) provides that judgment in every trial in any criminal court
shall be pronounced no later than 45 days after the termination of trial.
Section 392 also provides that the Court shall, within 7 days from the date of
judgment, upload its copy on the portal.
Ø In Section 262 of BNSS dealing with warrant
cases, the time period for filing a discharge application by the accused has
been prescribed as 60 days from the date of supply of documents. Similarly,
Section 263 mandates that the charges must be framed within 60 dates from the
date of first hearing on the charge.
Ø In Sections 265 and 266 which deal with the
evidence for prosecution and for defence, the examination of a witness is
allowed to be done through audio video electronic means at the designated place
to be notified by the State Government.
Ø In Section 269(7), if the attendance of the
prosecution witness cannot be secured despite giving opportunity and after
taking all reasonable measures, it shall be deemed that such witness has not
been examined for not being available so that the Magistrate may close the
prosecution evidence and proceed with the case on the basis of material on
record.
Ø Under Section 272, in a case instituted on
a complaint, if the complainant remains absent even after giving thirty days’
notice, the Magistrate is empowered to discharge the accused. It is aimed to
reduce delays in complaint cases and limit the scope of false or frivolous
complaints.
Ø In summons cases, a proviso has been
inserted in Section 274 to allow discharge of the accused person if the
accusation appears as groundless.
Ø To reduce the burden on judiciary and
expedite trial process in petty and less serious cases, Section 283 makes
summary trial mandatory for petty and less serious offences (like theft,
receiving or retaining stolen property, house trespass, breach of peace,
criminal intimidation, etc.). In cases where punishment is extendable up to 3
years (earlier 2 years) the Magistrate may, for the reasons to be recorded in
writing and after giving the accused a reasonable opportunity of being heard,
try such cases summarily.
Ø In Section 290, a time period has been
prescribed for filing an application for plea bargaining. An accused person,
may within 30 days from the date of framing of charges, may make such
application. Further, a time period of 60 days has been prescribed for
completing the process of ‘mutually satisfactory disposition’.
Ø Section 293 adopts a lenient and
rehabilitative approach in plea bargaining cases. In instances involving
first-time offenders, where minimum punishment is prescribed, the Court may
impose a sentence equal to one-fourth of the minimum punishment—marking a
departure from the existing norm of one-half of the punishment. Further, in
cases where the punishment is extendable and no minimum punishment is
prescribed, a first-time offender may receive a sentence equivalent to
one-sixth of the prescribed punishment, decreasing the quantum of punishment
from the previous one-fourth standard. This provision underscores a commitment
to a more progressive and individualized approach to sentencing, especially for
the first-time offenders.
Ø In a concerted effort to enhance the
seamless integration of technology, Section 308 empowers the examination of the
accused through electronic means, specifically utilizing audio-video
conferencing (VC) facilities accessible in any place designated by the State
Government. Complementing this, section 316 stipulates that the signature of an
accused who undergoes examination via video conferencing must be obtained
within a timeframe of 72 hours. This provision underscores a commitment to
harnessing technology for efficient legal procedures while maintaining
procedural integrity through timely documentation.
Ø In Section 330, timeline of thirty days has
been introduced to challenge the genuineness of any document which may be relax
at the discretion of the Court. Further, the experts are exempted to be called
before the Court unless the report of such expert is disputed by any parties to
the trial.
Ø To make criminal proceedings more
efficient, Section 336 provides that where any document or report prepared by a
public servant, expert or officer is used as evidence, the Court shall secure
the presence of the successor in office of such public servant, expert or
officer. This process has also been equipped with the use of audio-video
electronic means for the purpose of such deposition.
Ø To curtail delays resulting from frequent
adjournments, Section 346 establishes a framework wherein the Court, after
considering objections from the opposing party, may grant not more than two
adjournments when circumstances are genuinely beyond the control of a litigant,
for reasons to be recorded in writing. This provision aims to streamline legal
proceedings, fostering efficiency while maintaining fairness and accountability
in the judicial process.
Ø Section 349 safeguards the rights of
citizens and restricts the need for arrest of persons. The Magistrates of the
first class are empowered under this provision, to direct any individual to
provide specimens and/or samples without necessitating their arrest. This legal
mechanism strikes a balance between the protection of individual rights and the
investigative process, offering a measured approach to obtaining necessary
evidence without resorting to unwarranted detention. Further, the ambit of this
provision is expanded by including voice samples and finger impressions within
its purview.
Ø Addressing the problem of fugitive
criminals, a new provision of trial in absentia has been incorporated under
section 356 of BNSS for persons declared as proclaimed offenders. The process
involves the issuance of two warrants of arrest within an interval of 30-days,
publication of notices in two local or national newspapers, notification of the
commencement of trial to relatives and the affixing of notices regarding the
trial’s initiation before the commencement of such trial. Further, the trial
against the proclaimed offender can only commence after the passage of 90 days
from the date of framing charges. The provision extends the right to legal
representation of the proclaimed offender with the State appointing an advocate
for the absent accused’s defence. This innovative framework diverges from the
prevailing norm limited to only recording witness testimonies during trial in
absentia. Instead, it encompasses the entire judicial process, extending from
the presentation of evidence to the final judgment and determination of
punishment. Importantly, should the absconding individual rejoin the
proceedings mid-trial, they are entitled to participate and benefit from due
process in their defence. This comprehensive approach reflects a equitable
stance, ensuring fair treatment throughout the trial process.
Ø To foster a more victim-centric approach in
the criminal justice system, there has been an inclusion of victims in key
decisions. Under section 360 before withdrawal of prosecution the victim must
be afforded an opportunity to be heard before the Court. This provision
acknowledges and incorporates the concerns of victims, enhancing the overall
fairness and responsiveness of the criminal justice process.
Ø In Section 392, the accused person, if in
custody, may be produced through audio video electronic means to hear the
judgment.
Ø Section 398 mandates the preparation and
notification of a witness protection scheme by every State Government. A
witness protection scheme serves as a safeguarding mechanism, fostering an
environment where witnesses can contribute to the legal process devoid of fear
or duress. The necessity for a comprehensive witness protection scheme has been
underscored by the Malimath Committee and various Law Commission Reports,
including the 14th, 154th, 172nd, 178th, and 198th Reports. In Mahendra
Chawla v UOI, the Witness Protection Scheme 2018 (draft) was approved by
the Supreme Court.
Ø A new provision for time bound disposal of
mercy petitions filed before the President and Governor has been made in
Section 472. This provision prescribes a timeframe, requiring such petitions to
be filed within 30 days before the Governor and 60 days before the President.
The Superintendent of the jail is now entrusted with the responsibility of
informing the convicts about the confirmation of their death sentence or the
dismissal of their appeal or review of a special leave appeal. Additionally,
the jail superintendent is mandated to ensure that every convict, especially in
cases involving multiple convicts, submits their mercy petition within 60 days.
In situations where no other petitions are received from the remaining
convicts, the jail superintendent is required to forward their names,
addresses, and case records to the Central or State government for
consideration alongside the mercy petition filed. Further, the Central
Government is to give its recommendations to the President within 60 days, commencing
from the date of receiving comments from the State Government and records from
the Jail Superintendent. It has also been provided that no appeal shall lie in
any Court against the order of the President made under Article 72 of the
Constitution; it shall be final, and not to be enquired into by any Court. This
comprehensive provision streamlines and ensures timely and equitable
consideration of mercy petitions.
Ø Section 474 amends the existing section of
commutation of any sentence in fine etc. The sections provides that appropriate
Government may, without the consent of the person sentenced, commute—
(a) a sentence
of death, for imprisonment for life;
(b) a sentence
of imprisonment for life, for imprisonment for a term not less than seven
years;
(c) a sentence
of imprisonment for seven years or more for imprisonment for a term not less
than three years;
(d) a sentence
of imprisonment up to three years, for fine.
(e) sentence
of rigorous imprisonment, for simple imprisonment for any term to which that
person might have been sentenced;
These changes
foster equal and just treatment under the law, aligning sentencing practices
with principles of fairness and justice.
Ø In Section 479, provision for bail to
undertrials prisoners has been relaxed and liberalized. A sympathetic view has
been taken towards first-time offenders, who are now eligible to be released on
bond by the Court if they have undergone detention for the period extending up
to one-third of the maximum period of imprisonment specified for that offence.
The provision has also entrusted the jail superintendent to make an application
for bail to the Court where an under trial completes one-half or one-third of
the maximum period. The release of an undertrial prisoner who is involved in
more than one offence or in multiple cases is made stringent under the
provision. Further, the sentence of life imprisonment or death has been
excluded from the purview of this provision.
Ø Section 497 introduces the quick disposal
of case properties even during the investigation, on preparation of a statement
of the property by the Court within 14 days after such property has been
photographed/ video graphed. Such statement, photographs and videography shall
be used as evidence in any inquiry, trial or other proceeding. The Court shall
then, within 30 days after the statement has been prepared, order the disposal,
destruction, confiscation or delivery of such property.
Ø Section 530 envisages that all trials,
inquiries and proceedings may be made compatible with technology and held in
electronic modes by use of electronic communication or through the use of
audio-video electronic means.
Conclusion
The
evolution from the CrPC to the BNSS signifies a significant paradigm shift in
India’s criminal justice system. The legislative amendments, meticulously
crafted by the Committee for Reforms in Criminal Laws, reflect a commitment to
expeditious justice, evidence integrity, and the reduction of case pendency.
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