Bharatiya Nagarik Suraksha Sanhita, 2023

INTRODUCTION

The Bharatiya Nagarik Suraksha Sanhita, 2023 ("Bill") was introduced in Lok Sabha on August 11, 2023.   If enacted, this Bill will repeal the Code of Criminal Procedure, 1973.  The Code provides for the procedure for arrest, prosecution, and bail for offences under various Acts including the Indian Penal Code, 1860.  The Bill retains most of the provisions of the Code.  

This Bill has introduced strict deadlines for processes of inquiry, investigation and trial, allowing police custody for more than 15 days, conducting trial if the accused has absconded, trial in electronic mode etc. The Bill wants to normalize electronic communication, electronic evidence and electronic forms in investigation, inquiry and trial.

KEY CHANGES IN THE BILL

The following are the key changes which are introduced in the Bill:-

1. Signatures and finger impression- The Code allows a Metropolitan/Judicial Magistrate to order any person to provide signatures or handwriting specimen for any kind of investigation. Such specimen cannot be collected who has never been arrested under the investigation. Finger impressions and voice samples are also included under this Bill which can also be taken from someone who has not been arrested.

2. Trial in case the offender is absent- A trial can be conducted and judgment can be pronounced in case the offender is absent. This type of trial is done when the accused has absconded to avoid trial and the police cannot arrest him. 

3. Metropolitan magistrates- The Code allows the state governments to notify any city or town with more than 1 million population as a metropolitan area. Such areas have Metropolitan Magistrates.  The Bill has omitted this provision.

4. Forensic investigation: The Bill states that forensic investigation should be conducted for any offence which is punishable with at least 7 years of imprisonment. Forensic expert will visit crime scenes for collection of forensic evidence and recording of such process on a mobile phone, camcorder or any other electronic device. If a state does not have forensics facility, it shall utilise such facility in another state.

5. Prohibition of carrying arms: As per the Code, the District Magistrate has to prohibit the carrying of arms in any procession, mass drills in public places for preservation of public peace. This provision has been omitted in this Bill.

6. Trial in electronic mode: As per this Bill, all trials may be held in electronic mode. Production of electronic devices, digital evidence for any investigation or trial is also provided for in this Bill. 

7. Medical examination of the accused: The accused will have to submit to medical examination in certain cases included rape cases. A registered medical practitioner is required to carry out the examination on the sub-inspector's request.

8. Detention of undertrials: If an accused has spent half of the maximum period of imprisonment for a particular offence during trial or investigation then he must be released through personal bond. Offences which are punishable by death do not come under this purview. This provision does not apply to the following:-

a. offences where the punishment are life imprisonment;

b. persons against whom proceedings are pending in more than one offence.  

First time offenders will be released on bail if they have completed detention for one-third of the maximum imprisonment imposed for the offence. The superintendent in whose jail the accused is detained should make the application for the same.

9. New Definitions- The concept of "audio-video electronic" has been introduced in Section 2 of this Bill. The word "investigation" has been newly explained stating that if any provisions of a Special Act are inconsistent with this Bill then that special act will prevail. The concept of Directorate of Prosecution has been introduced for each state with prescribed hierarchy for the purpose of monitoring cases by scrutiny of police reports, providing opinions on appeal filing, expediting proceedings wherever applicable.

10. Summary Trial- As per this Bill, the Magistrate may after giving the accused reasonable opportunity of being heard, try all or any of the offences which are not punishable with death or imprisonment for life or for a term of more than 3 years, summarily.

11.  Bail and Anticipatory Bail- The Bill states that if an investigation, inquiry or trial in more than one offence in multiple cases which are pending against one person, he will not be released on bail by the Court. 

CONCLUSION

The key changes made in this Bill can be considered as a much needed remedy for improving the functioning of the criminal justice system. However, its efficiency in the real world depends on the manner in which such provisions are implemented and interpreted.