Bharatiya Nagarik Suraksha Sanhita power.pptx

New law replacing CrPC

1. Bharatiya Nagarik Suraksha Sanhita A look at what has changed.......

2. Bharatiya Nagarik Suraksha Sanhita 2023 Total 531 sections in 39 Chapters  There are 9 new sections and 39 new sub sections/clauses.  There are 44 new provisos and explanations.  In 35 places audio- video elexctronic / videography means are introduced.  Time line has been introduced in 35 places.  Audio Video has been introduced with aim to improve accountability and transparency.  TImelines being introduced to give speedy delivery of Justice.  14 provisions have been deleted and modifications in 177 provisions.  

3. Definitions

4. Definitions .. … Contd...... Definition of Pleader has been replaced by Advocate.  Posts of Metropolitan Magistrate & Assistant Session Judge has been abolished.  Judicial Magistrate of First Class will be lowest court. 

5. Prosecution related reforms.  First time there is a District Directorate of Prosecution Sec. 20(1)(b) Director of Prosecution, Dy Director & Assistant Director  Director of Prosecution [ Sec 20(7) ] will be responsible for giving opinions on filing of appeals in cases punishable with 10 years or more / life imprisonment/ death Dy. Director of Prosecution [ Sec 20(8) ] will be responsible for giving opinions on filing of appeals in cases punishable with 7 years or more but less than 10 years.  Astt . Director of Prosecution [ Sec 20(9) ] will be responsible for giving opinions on filing of appeals in cases punishable with less than 7 years. 

6. FIR ( First Information Report )  Provision of Filing Zero FIR incorporated which was earlier done by an executive order  Sec 173 for filing Zero FIR  E-FIR also has been introduced in BNSS. Person who registers e-FIR to sign physically in 3 days time and cognisance will be taken . Preliminary Enquiry provisions made in sec 173(3). This is possible in cases where the punishment is more than 3 years but less than 7 years.  Pre- conditions that the enquiry should be completed in 14 days and that before start of the enquiry, permission to be sought from officer not below the rank of Dy. S.P

7. Safeguards in BNSS and other changes Permission has been made mandatory so that FIR filing can be avoided in frivolous cases.  If FIR is not registered by the SHO then the person could approach the Superintendent of Police and in case he is not able to file FIR there then he can approach the Magistrate . 173( 4)  As per sec. 223 Cognizance of an offence can shall be taken by the Magistrate only after hearing the accused.  Protection to the Public Servants also been given in this section 223. Magistrate not to take cognizance of any offence  until he has heard the Public Servant in person .  Also he has to receive a report from the superior officer containing the facts and circumstances of the incident. 

8. Some other changes.... Magistrate has got the power to direct registration of FIR and investigation but there is a change here that before directing Investigation. Sec. 175 ( 3)  Magistrate has to examine the application of the complainant  Magistrate has to examine the affidavit and submission made by the Police Officer.  Sec 156(3) of erstwhile CrPC was silent on this issue  Sec 175(4) - Magistrate shall now take cognizance of a complaint against a Public Servant arising in the course of discharge of his official duties. 

9. Arrest and Custody related reforms.  Partial restriction in making arrest in less than three years punishable offence. Sec. 35(7) . No arrest shall be made in a case of an offence punishable for less than three years.  Arrest of a person who is more than 60 years also not to be made if the offence is punishable less than three years unless a permission has been obtained from the Dy.S.P or other superior officers.  As per sec 170 of CrPC, the police had to arrest a person while sending Police Report but now as per sec. 190 (1) there is no requirement of arrest for forwarding of Police Report to Magistrate. Proviso states that the Magistrate shall not refuse to accept the charge sheet on the ground that the accused is not taken in custody. 

10. Arrest and Custody related reforms.  Earlier if handwriting sample, signature, voice sample or thumb impression  had to obtained from a person under CrPC he had to be arrested . Now it is not required as per sec. 349 of BNSS. Sec 40 - In case of arrest by a private person. Production of such arrested person within six hours before a police officer.  Sec 53 - Additional medical examination of arrested person in police custody is specifically included. Sec 37(b) One designated police officer in every district and at every police station, not below the rank of ASI who has to maintain the records of all arrests. 

11. Other changes in arrest.... Form – 1 has been added in the Schedule 1. Notice appearance has been prescribed as per sec 35(3) . Use of Handcuffs allowed while effecting arrest & Production before court of an arrested person for particular crimes and persons.  Sec 43(3) states that if a person has escaped custody or habitual or repeat offender or has committed a heinous crime , organised crime, terrorist act, drug related crime, illegal possession of arms and ammunition, murder, rape sexual offence etc., then handcuff can be used. 

12. Arrest   ….... contd... Sec. 50 provides for the immediate seizure of offensive weapon after the arrest is made.  Sec 172 - Power of police to detain or remove any person resisting, refusing disregarding etc to conform to any direction of a police officer Sec 187 of BNSS corresponding to sec 167 is regarding Police Custody. PC was restricted to first 15 days only. Now PC has been spread over 40/60 days of total detention of 60/90 days.  PC can be had only if the accused is not on bail or his bail has been cancelled. 

13. Police Custody... Sec 480 provides that the accused being required for PC beyond the first 15 days, will not be the sole reason for refusing to grant bail to the accused.  Concept of House Arrest removed.   u/s 187 which provides that detention shall be in police station and  for JC the detention shall be in prison and not in any other place. 

14. Reforms in Investigation  Sec 94 – Production of electronic communication including communication devices which is likely to contain digital evidence.  Police can order for production and Court can issue summons in this regard. Under section 105 prescribes for mandatory videography of search and seizure. Even the listing of documents/things and signing of witness also to be video graphed ( to increase credibility and transparency) Sec107 . Attaching and forfeiting the proceeds of crime. ( mentioned for the first time in BNSS) 

15. Reforms ….. contd.  Sec 185 (2)  talks about videography in case of search w/o judicial warrant. Sec 185(1) Police Officer to record the grounds of his belief in the case diary  Police officer to submit his report within 48 hours to the nearest Magistrate.  ( All the above three safeguards are kept in view of protecting the privacy, liberty  of an individual ) 

16. Disposal of case Property  Sec 497 – Quick disposal of case properties even during investigation.  On preparation of a statement of the property by the Court within 14 days after such property has been photographed/ video graphed.  These  photographs and videos can be used as evidence. 

17. Investigation reforms  Sec 175 (1) In cases considering the nature and gravity of the offence the Superintendent of Police to depute DSP rank officer to conduct the investigation.  Mandatory provision u/s 176(3) of Forensic experts visiting the crime scene to collect forensic evidence for the offences which are punishable for 7 years or more. ( States have been given a five years mandate to be ready to have such forensic capabilities in their state)  Police officer shall also forward daily dairy report of non cognizable offences to the Magistrate on a fortnightly basis apart from referring the complainant to the Magistrate.

18. Recording of Statements and Confessions Sec 179- Exemption from attending the police station is given to women, person above 60 years and a person with acute illness.  Proviso is added is any such category of person is willing to attend the Police station then he/she may be allowed.  Sec 183 . Confession or statement to be recorded by the Judicial Magistrate only in whose jurisdiction the offence has been registered.   Further it is mandatory that the witness's  statement be recorded by the Magistrate in cases of offences where the punishment is more than 10 years, life imprisonment or death. 

19. Statement of Rape Victim  Sec 176(1) - In relation to an offence of rape, the statement of the victim shall be recorded through audio- video means.  Sec 183(6)(a) - Statement of the rape victim shall be recorded only by a lady Judicial Magistrate & in her absence, by a Male Judicial Magistrate in the presence of a woman. 

20. Investigation reforms contd.... Proviso to sec 193(9) - It has been provided that after the filing of the chargesheet, if any further investigation is required, it shall be completed within 90 days, and any extension of time period beyond 90 days shall be only with the permission of the Court.  

21. Deemed Sanction  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.  Sec 193(3)( i ) has made forwarding of Police report by the officer in charge of Police Station to the Magistrate including through electronic means. ( new in BNSS)  Sec 210, technology compatibility has been further provided to the Magistrate enabling him to take cognizance of any offence upon receiving a police report electronically.  Supply of documents to the accused through the electronic communication has been included ( Time saving measure ) 

22. Supply of documents to the accused.  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.  Section 193(3)(I)(h) - The police report must also include details of the sequence  of custody in case of electronic device which should be presented before the Magistrate. 

23. Summoning Process Service of summons to be allowed electronically as per sec. 70  Sec 64- 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.  Sec. 66 - Gender neutrality has been introduced in the summons. Adult woman has been included in the definition of the family. If summons is issued to a person and there is only an adult female in that person's  house then the summons can be issued. ( This was a hurdle in the CrPC.  Sec. 227 dealing with the issuance process of summons and warrants through electronic means.

24. Proclaimed Offender Scope of the term ' proclaimed offender' widened. Earlier there were only 19 offences in which the person could be a proclaimed offender. Now for any offences punishable for 10 or more years, the person can be declared as a Proclaimed offender.  Now any person can be declared a proclaimed offender in about 100 cases of offences.  Trial in absentia ( Section 356 ) If a person who is declared a proclaimed offender then the case can be tried in his absence.

25. Reforms in Trial Procedure.  Timeline for supply of Police Report.  Sec 230 – The supply shall be done 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 means.  In case of voluminous documents, the copies maybe furnished through electronic means ( Earlier CrPC, provision was there for inspection of the documents)  Timeline for committal of case - Proceedings must be completed within 90 days from the date the Magistrate takes cognizance. 

26. Reforms in Trial Procedure   contd.... The period may be extended to 180 days with reasons recorded in writing.  If any application has been filed before the Magistrate by the accused or the victim, these shall also be forwarded to the Court of Session along with committal.  Timeline for filing discharge application in sessions Trial - Sec 250 mandates 60 – day window from the date of committal of the accused to file a discharge application.  Sec 251 also prescribes the same 60 days for framing of charges from the first hearing on charge.  

27. Evidence  Deposition of evidence of witnesses by audio-video electronic means:  Sec 254 allows dfor use of audio-video electronic means in Sessions cases for the deposition of evidence or statements of witnesses, police officers, public servants, or experts.  Similar provision is included in Sec 265 for the trial of warrant- cases enabling the use of electronic means for examining witnesses. 

28. Timeline for delivering and uploading of judgements.  Sec 258 provides for a period of 30 days, from the date of conclusion of arguments for giving the judgement.  Se. 392 also provides that the Court shall, within 7 days from the date of judgement, upload its copy on the portal.

29. Time line in Warrant Trial cases.  Sec. 262 – The time period for filing a discharge application by the accused has been prescribed as 60 days from the date of supply of documents.  Sec 263 mandates that the charges must be framed within 60 days from the date of first hearing on the charge .  Even in these type of cases Sec. 265 and 266 deal with evidence for prosecution and for defence, examination of witnesses is allowed to be done through audio video electronic means. 

30. Non attendance of witnesses Sec 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. 

31. Summary Trial & Summons Trial  Sec 283 makes summary trial mandatory for petty and less serious offences.  Theft  Receiving and retaining  stolen property  House trespass Breach of peace Criminal Intimidation   In cases where punishment is extendable up to 3 years, the Magistrate may, for reasons to be recorded in writing & after giving the accused a reasonable opportunity of bewing heard, try such cases summarily. 

32. In cases filed by a complainant - Timeline Sec 272 provides that in a case instituted by a complaint if the complainant remains absent even after giving thirty days notice, the Magistrate is empowered to discharge the accused Sec. 274 to allow discharge of the accused person if the accusation appears as groundless. ( In summons cases ) 

33. Other Trial related reforms.  Sec 308 : Examination of the accused through electronic means. State designated place for appearing  Sec 330 : Provides for a timeline to contest the genuineness of a document. It can be done within 30 days and if it is not done, the document will be considered uncontested.  Sec 336 : Evidence of public servants, experts, police officers in certain cases. The successor in office of such witnesses can provide testimony to that case ( Delay is avoided because a person is transferred) 

34. Other Trial related reforms contd.......... Sec 346 : Power to postpone or adjourn proceedings. Restricted to not more than two adjournments ( Court to record the reasons in writing before giving adjournment ) Sec 290 : Plea Bargaining – Timeline is 30 days from the framing of charge. 60 days time also fixed for mutually satisfactory deposition If first time offender is plea bargaining. Punishment to be relaxed to 1/4th in case of mandated punishment and 1/6th in case the punishment is extendable.

35. Victim Centric reforms.  Sec 173(2) To get free of cost. Copy of FIR.  Sec 193(3)(ii) Responsibility cast on Police officer to inform the progress of investigation to the informant or victim within 90 days.  Sec 230 : Magistrate to supply the police report and other documents  to the accused and victim within 14 days. Sec 360 : Opportunity to be heard is given to the victim before the withdrawal of the prosecution.  Sec 398 : 'Witness Protection Scheme ' is to be put in place by every State Government. 

36. Bail related reforms The terms Bail, Bail- Bond and Bond have been defined for the first time in law.  Sec 479 : Provision for bail to undertrial prisoners has been relaxed and liberalized. Bail can be sought after 1/3rd of the period has been completed in the jail instead of ½ period.  Release of an undertrial prisoner who is involved in more than one offence or in multiple cases will be not enlarged on bail unless he gets bail in all the cases.  Responsibility is cast on the jail superintendent to make an application for bail to the Court where the under-trial has completed one half or one third of the maximum period. 

37. Bail related reforms contd............. In the case  where the undertrial sentence is death or life imprisonment, this has been excluded from the provision of under trial bail.  Sec 483 relaxed the term of surety bail for acquitted persons. Under the changed provision release on personal bond is also added. 

38. Mercy Petitions & Commutation of Sentence.  Section 472 – Time bound disposal of mercy petitions filed before the President and Governor requiring such petitions to be filed within 30 days before the Governor and 60 days before the President.  Responsibility cast on the Superintendent of Jail to convey the convicts about the confirmation of their death sentence or dismissal of their appeal or review of a special leave appeal.  Sec 474 Commutation of any sentence.  Death Sentence ----- Life Imprisonment Life Imprisonment --- 7 years imprisonment