The Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS 2023) is set to replace the Code of Criminal Procedure, 1973 (CrPC) and aims to reform the procedural aspects of criminal law in India to ensure a more efficient and transparent criminal justice system. Here are the key changes introduced in the Bharatiya Nyaya Suraksha Sanhita, 2023:
1. Time-Bound Procedures:
- The new code introduces strict timelines for investigations, trials, and the filing of chargesheets. Investigations for certain crimes must be completed within 90 days, with a possible extension of 90 more days.
- It mandates that trials should be concluded within a set timeframe to ensure speedy justice.
2. Electronic and Digital Evidence:
- Enhanced provisions for the recognition and admissibility of digital and electronic evidence, including data from electronic devices and digital footprints.
- The use of technology for recording witness statements and electronic filing of complaints has been encouraged.
3. Victim Rights and Protection:
- Stronger focus on victim rights, including their right to appeal, to be heard during bail applications, and to be informed of court proceedings.
- Provisions for the rehabilitation and compensation of victims, particularly in cases of sexual offenses, have been enhanced.
4. Provision for Community Policing:
- BNSS 2023 introduces the concept of "Community Policing" to involve citizens in ensuring law and order. This is aimed at creating trust between police and the public.
5. Simplification and Rationalization of Procedure:
- Several procedural complexities have been simplified to make the criminal justice process less cumbersome.
- Streamlining of processes like arrests, bail, summons, and warrants to reduce delays and backlogs in courts.
6. Provisions for Appeal and Review:
- BNSS 2023 outlines clear guidelines for the right to appeal in criminal cases. The right to appeal against acquittals and convictions has been retained and further structured for better clarity.
- Provisions have been included for an automatic review of death penalty cases by the High Court.
7. Bail Reforms:
- Introduction of more liberal bail provisions for minor offenses while keeping stringent measures for serious and repeat offenders.
- The bail system has been made more uniform with defined timelines for hearing bail applications.
8. Use of Forensic Science:
- Emphasis on the use of forensic science in investigations to ensure that evidence is scientifically collected and analyzed.
- Provisions for the establishment of forensic laboratories and increased use of forensic tools like DNA profiling.
9. Witness Protection and Management:
- Provisions for witness protection have been strengthened, including anonymity and safety measures for witnesses, especially in sensitive cases.
- There is a focus on preventing witness harassment and ensuring their testimony is given in a safe environment.
10. Introduction of Video Conferencing:
- Use of video conferencing for recording the statements of accused persons, victims, and witnesses to reduce delays and ensure a swift trial process.
11. Enhanced Provisions for Seizure and Confiscation:
- The code provides enhanced provisions for the seizure and confiscation of properties derived from crimes, including those in organized crimes, narcotics, and terrorism cases.
12. Reforms in Arrest and Detention:
- Detailed guidelines on the arrest procedures, including mandatory video recording of arrests and ensuring the presence of a legal representative during questioning, to protect the rights of the accused.
- Detention guidelines have been made more robust to prevent arbitrary arrests.
13. Provisions for Organized Crimes and Cybercrimes:
- New procedural frameworks have been introduced for dealing with organized crimes, cybercrimes, and terrorism-related offenses.
- Enhanced procedures for the collection of electronic evidence and cross-border crime investigation.
14. Alternative Dispute Resolution Mechanisms:
- Promotion of alternative dispute resolution (ADR) mechanisms for minor offenses to reduce the burden on courts and encourage out-of-court settlements.
15. Strengthening Accountability of Law Enforcement Agencies:
- Provisions for accountability of police and other investigative agencies to prevent misuse of power and ensure transparency in investigations.
- Disciplinary actions against officers for misconduct, improper investigation, or dereliction of duty are clearly defined.
16. Introduction of Community Service:
- Community service has been introduced as an alternative form of punishment for certain minor offenses, which aims at reformative justice rather than punitive measures.
17. Provisions for Protection of Children and Vulnerable Sections:
- Special provisions have been included for the protection and procedural handling of cases involving children, women, and other vulnerable sections of society to prevent secondary victimization.