Bartiya Nagrik Suraksha Sanhita and Comparison of BNSS and CrPC

Bartiya Nagrik Suraksha Sanhita, 2024
Comparison of BNSS and CrPC

1. Bharatiya Nagrik Suraksha Sanhita, 2023 ( Cr. P.C.) Dr. Neepa Vyas , Assistant Professor , Government Law College , Ahmedabad

2. Justice Krishna Iyer said “procedure is the handmaid of justice” meaning that the procedural rules are meant to serve justice and not to hinder it .

3. OVERVIEW OF CHANGES 1973 Act 2023 Act CrPC, “code” Bharatiya Nagarik Suraksha Sanhita, 2023, “sanhita” used in place of “code” 38 chapters (including Ch. VIIA) 38 chapters 528 Sections (484), 2 schedules, 56 forms 533 Sections, 2 schedules, 56 forms References to IPC References to BNS Statement of Objects and Reasons scientific : use of technology and forensic sciences in the investigation , summons , information time bound: investigation, trial and judgments citizen centric: supply of FIR copy and progress of investigation trial: summary trial mandatory for petty offences, accused examination through VC, magisterial system Note: will not go into minor changes of terminologies, structure of provisions

4. Glimpses of Addition Bail under Section 2b : release of accused/ suspected from the custody of law upon certain conditions imposed by an officer/ court by such person of a bond or a bail bond. Bail Bond under Section 2d : an undertaking for release with surety. Bond under Section 2e : a personal bond or an undertaking for release without surety.

5. Glimpses of Addition Section 15 (Sec. 21 under Cr.P.C ) Authorises the State Government to appoint any police officer (not below the rank of Superintendent of Police or equivalent) as a Special Executive Magistrate , in addition to an Executive Magistrate .

6. Section 23 (Sec. 29 ) Increases the power of fine imposition of a Magistrate of first class from Rs. 10,000 to Rs. 50,000, and of a Magistrate of second class from Rs. 5,000 to Rs. 10,000. These two classes have also been empowered with imposing community service as a form of sentence. Section 35(7 ) Arrest without warrant (newly inserted) The aged and infirm persons have been protected from arrest, providing 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 .

7. By Police 01 B y Private Person 02 Arrest of Person Section 35 to 62 (Sec. 41 to 60A) Provisions relating to Arrest of persons are contained under Chapter V of BNSS. By Megistrate 03 “Re-arrest” -  police officer shall take him in custody

8. Arrest of Person #Designated Police Officer (not below the rank of Assistant Sub- Inspector of Police will be responsible to maintain the information about names, addresses of persons arrested, nature of offence and these details shall be displayed in every police station and at district headquarters including digital mode. (Section 37)

9. Arrest how made Section 43 Sub Section 3 : # The Police Officer may use hand- culff while making the arrest …who is a habitual or repeat offender, escaped from custody, committed offence of organised crime, terrorist act, drug related crime, murder, rape, acid attac , counterfeiting of coins, currency notes, sexual offences illegal possession of arms and ammunition, against children of offences against State.

10. Section 63 ( Sec. 61) (Form of summons) Introduces technology compatibility for issuance and service of summons by Court through electronic form authenticated by the image of the seal of the Court or digital signature. Section 66 (Sec. 64) Provides when a summoned person cannot be found , then the summons can be served on them by leaving a duplicate copy with “some adult member” of their family residing with the summoned person . This provision replaces the earlier verbatim of “some adult male member” contained in the CrPC .

11. Section 84 (sec. 82) Provides 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. #Section 356 newly inserted for inquiry, trail or judgment in absentia of proclaimed offender #

12. Stage 4 S uch examination/ deposition be recorded by audio-video electronic means Stage 3 C ompetent court if has examined any witnesses … S uch depositions shall be given in evidence to him Stage 2 R epresantation by advocate Stage 1 Issuance of 2 warrants within 30 days Publication in newspaper for appearance in court Inform relatives/friends about trial To affix said detail on part of house, police station #Section 356 “ SOP” Stage 5 No appeal against judgment unless P roclaimed offender present himself Stage 6 S tate may extend the provisions to any absconder u/s 84(1)

13. Section 145 (Sec. 126) Provides that the proceedings for maintenance can be initiated against a person at the place where either their dependent father or mother resides.

14. Section 173 (Sec. 154) Introduces the provision of filing of Zero FIR , when information that discloses the commission of an offence outside the limits of a police station is received by the police , 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 .

15. #SOP for Zero FIR SHO/ the officer on duty will record the details in ZERO FIR register as “Zero FIR” Or “O” FIR under the relevant sections of Law. In case of information given by a victim women of sexual offences it will be recorded by a woman police officer or any women officer. If such victim is disabled then it shall be recorded at the residence/ convenient place of such person. Recording shall be video graphed. PO shall get the statement recorded by Judicial Magistrate under Section 183 ASAP. Copy of Zero FIR shall be given forthwith, free of cost to the informant.

16. #SOP for Zero FIR After primary investigation (if necessary) the FIR will be transferred to the police station having jurisdiction. Relevant PS will reregister it as a regular FIR. SHO will assign it to an investigating for further action. After regular investigation the regular updates on investigation will be provided to complainant.

17. #SOP for E-FIR https://gujhome.gujarat.gov.in/ on official Police Portal or through any other electric communication with the supported documents if available. The received message will be downloaded by the police station and be entered in E-Complaint/E-FIR register as prescribe. Initial verification will be conducted u/s 173

18. #SOP for E-FIR E-FIR will be registered by the police official only if it is signed by the informant within 3 days. Free copy will be furnished forthwith to the informant/victim. After SHO/ officers investigation will be conducted as per standard procedure.

19. #Remedy for non registration of E-FIR/ZERO FIR With reference to cognizable offence, on receiving in writing and by post such information, the concern Superintendent of Police shall investigate himself of direct to any police officer subordinate to him. And such public officer, who failed to record such information, shall be punished with rigorous imprisonment for a term of 6 months to 2 years with fine under Section 199 of BNS.

20. Procedure after Section 173 In case of congnizable offence punishable for 3 years or more but less than 7 years : The officer in charge of Police Station – prior permission from officer not below the rank of Deputy superintendent of Police : Preliminary enquiry to ascertain the prima facie case, within 14 days of period Proceed with investigation after Preliminary enquiry…

21. Section 179(1) (Sec. 160) Protects the rights of the aged and infirm as witnesses 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. Section 184 (Sec. 164A) 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 .

22. Section 398 (Newly inserted) Mandates the preparation and notification of a witness protection scheme by every State Government. The necessity for a comprehensive witness protection scheme had been underscored by the Malimath Committee and various Law Commission Reports , including the 14th, 154th, 172nd, 178th, and 198th Reports .

23. Few More Additions Section 105 of the BNSS makes the videography of search and seizure, and the signing of it by the witness mandatory. Section 107 provides for conducting trials and pronouncing judgments ex parte against absconding offenders evading trial. Section 173 provides for registering First Information Report (FIR) electronically, signed by the person giving it within three days. Section 176 mandates forensic investigation for offences punishable with imprisonment of 7 years or more. Section 185 mandates the audio-video recording of a search without a warrant .

24. Few More Additions Section 258 mandates that a judgment of acquittal or conviction must be passed within 30 days from the completion of arguments, that is extendable only by 45 days for specific reasons. Section 346 provides that a trial or inquiry shall be on a daily basis. Section 530 of BNSS also provides for all trials, inquiries and proceedings held in electronic modes . Chapters VI, VII, and VIII provide for the attachment of the accused person’s property in cases of financial offences . Provisions contained in Chapters XVII, XIX, XX (trials before magistrate, court of sessions, warrant cases set timelines for different investigatory stages to address delay in procedure.

25. Deletion Provisions contained under the Cr.P.C ., dealing with ‘Metropolitan areas’ and ‘Metropolitan Magistrates’ have been omitted from the BNSS. The post of Judicial Magistrate of third-class and Assistant Sessions Judge was omitted to bring uniformity. Section 144-A of the Cr.P.C . which conferred power on the District Magistrate and the State Government to prohibit the carrying of arms in procession or mass drill or mass training has been deleted.

26. We can conclude by saying The BNSS adopts a “citizen-centric” approach, balancing the rights of both the victims and the accused, respecting the human rights principles.