Bharatiya Nagarik Suraksha Samhita (BNSS)

9 min read
  • replaces Criminal Procedure code, 1898
  • $ All three had received the presidential assent on 25 December, 2024 - Good Governance Day

Sections changed:

  • CrPC has 484 sections
  • BNSS has 531 sections
    • 177 changed
    • 9 new
    • 39 sub sections added
    • 44 new provisions
    • time limits added in 35 sections
    • 14 repealed

FIR filing:

  • CrPC did not prescribe any time limit for filing of an FIR.
  • The new bill says that the FIR has to be registered within 3 days of making a complaint.
  • And in cases where a preliminary enquiry has to be carried out, it will be done within 14 days

Trial in absentia:

  • The minister said a provision for  “trial in absentia” was also introduced.
  • If he doesn't appear before the court within 90days, then the trial will be done in his absence
  • Shah said those who have fled the country after committing crimes, killing hundreds of people in bomb blasts, or those who are hiding in Pakistan or other places, after carrying out terror attacks will not be spared.
  • Shah said that convicting these fugitives will make India’s case for their extradition stronger.

Forensic:

  • Forensic science has been given a lot of weightage and for quick justice—police, lawyers and judges have been made time bound.
  • This will help increase conviction rate

Police custody:

BNSS Clause 187 of Bharatiya Nagarik Suraksha Sanhita seeks to replace Section 167 of CrPC which deals with both judicial & police custody during investigation stage.

The total police custody is 15 days.

apex court has ruled in more cases than one that police custody can be authorised only in the first 15 days of remand once the accused is produced before a magistrate, even if the accused is unavailable for interrogation by the police for some days during this 15-day period. There are cases where the accused get admitted in hospital during the initial days to avoid police custody and the change has been brought in to address such malpractices.” serving of copies of the police report to the victim was made compulsory. Victim has to be informed of the progress of the investigation within 90 days. This means that the police will now be able to take custody of the accused multiple times, within 60 or 90 days (depending on the nature of offence) of initial arrest, but only for a total 15 days.

They pointed out that the general rule is that police custody should be taken in the first 15 days of remand, and the window of 40/60 days for taking custody should only be utilised as an exception, when the accused is trying to avoid police custody or due to extraneous circumstances, which are not within the control of the investigating officer.  

The panel suggested that for more transparency and accountability, the investigating officer, at the time of seeking police custody, must record the reasons as to why custody was not sought during the initial 15-day remand.

Rape & Murder:

in the IPC, rape was listed under Section 375-376, which is way down, but in the new bill, it is listed under Section 63.  Similarly, murder that was listed under Section 302, will now become Section 101; kidnapping which was under Section 359, will now be Section 136. in case of rape of a girl under 18 years, life imprisonment and death penalty can be given. In gang rape, 20 years or imprisonment for rest of life.

Moreover, consensual sex with a wife aged above 15 was not an offence as per IPC earlier but the age limit now increased to 18 years in the new bill

DESH DROH:

The new bill has changed ‘raj droh’ to ‘desh droh’, which is an ‘act against the country’.

Hit and Run case:

For “hit-and-run” cases, the punishment in the new bill has been proposed to be 10 years. But if after the accident, the offender takes the victim to the hospital, or police, a lesser punishment will be given, he said.

Terrorist act definition

any act that intends to threaten ‘the unity, integrity and security of India’ as a terrorist act, it also included acts intending to, amongst other things, ‘intimidate’ any segment of the public or ‘disturbing public order’.The new bill removes the element of intimidation altogether and offers a definition similar to the one already provided under UAPA. before registering a criminal case or an FIR under this clause, there has to be an approval by a senior police officer to decide whether the FIR should be registered under UAPA or under the new law. However, it does not provide any guidance on the basis on which the police officer should make this decision. while cases under UAPA are tried under the National Investigation Agency Act, 2008, which establishes special courts to try such cases, under the new bill, the same offence will be tried in the sessions court. The definition of a ‘terrorist act’ has been contentious, and was even read down by the Delhi High Court in its order granting bail to Pinjra Tod activists Devangana Kalita and Natasha Narwal, and Jamia Millia Islamia student Asif Iqbal Tanha, in June 2021. Delhi Police was quick to challenge this order in the Supreme Court, taking objection to the high court’s observations on Section 15 of the Act. Within three days, on 18 June 2021, the apex court put the high court order on hold to the extent that the latter’s opinion on UAPA was made inoperative. However, in May this year, the top court dismissed the Delhi Police’s petition, while observing that the high court’s interpretations cannot be utilised by any other court.

Sedition law

Section 124A of the IPC makes it a crime for anybody to incite or attempt to incite “hatred or contempt”, or excite “disaffection” towards the government. This provision applies to spoken or written words, signs or visible representation and provides for a three-year jail term or fine, or life imprisonment. In May last year, the Supreme Court put on hold all pending trials, appeals and proceedings, with respect to charges under the sedition law till the Union government completed its exercise in re-examining its provisions. While the new bill, BNS-II, does not use the word “sedition”, it does add a provision — Section 152 — penalising acts endangering sovereignty, unity and integrity of India. It provides for punishment of seven-year jail term or life imprisonment for anybody who excites or attempts to excite “secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India”. Besides spoken or written words, or signs or visible representation, this will also apply to electronic communication or by use of financial means.

Bestiality

Navtej Singh Johar judgment, struck down Section 377 of the Indian Penal Code to the extent that it criminalised same-sex relations between consenting adults. non-consensual sexual acts of unnatural order are still prosecuted under this section, Bharatiya Nyaya (Second) Sanhita 2023 too does not contain any provision for non-consensual sexual offence against male, female, transgender, and for bestiality.

Unauthorised’ publication of court proceedings

Section 73 of The Bharatiya Nyaya (Second) Sanhita 2023 criminalises printing or publishing “any matter” concerning court proceedings in rape or sexual assault cases without prior permission from the court.
It provides for a two-year jail term and fine for violating the law. however, explains that the printing or publication of any high court or Supreme Court judgment shall not be an offence.

ERRANT MEDICAL DOCTORS:

Videography:

  • SECTION 185: mandates videography during a search conducted by the police
  • SECTION 176: of the scene of crime
  • SECTION 105: of the process of conducting a search of a place or taking possession of any property
  • Within 30days of doing photography, videography, order of disposal, destruction, seizure or distribution of property

Section 176:

Sub-section 3 mandates that forensic experts collect forensic evidence from the crime scene for every offence that carries a punishment of seven years or more than seven years.

Offences such as rape, child trafficking, murder, and dowry death, all of which carry terms of more than seven years, fall within the purview of the additional requirement to collect forensic evidence from the crime scene.

If a state does not have a forensic facility to conduct such tests, the law allows a forensic testing facility in another state to do it.

To meet the infrastructure requirements brought in by the new law, the Centre has set up the National Forensic Science University to expand the pool of forensic science experts and scientists qualifying every year.

The Calcutta court then directed the Union government to designate Calcutta’s National Institute of Biomedical Genetics (NIBMG), wholly owned by the Centre, as a “Central Forensic Science (CFSL) laboratory” Print

eSAKSHYA:

  • designed by the National Informatics Centre for enforcement agencies
  • allows capturing multiple photos and videos
  • Each item is geo-tagged and time-stamped to ensure the integrity of data
  • initiative under the Inter-operable Criminal Justice System (ICJS)
  • this data will be available to other agencies such as the judiciary, prosecution and cyber forensic experts.

Displaying info about arrested persons - SECTION 37

  • police officer in every police station, not below the rank of Assistant Sub-Inspector, to be responsible for maintaining and prominently displaying information about the arrested persons.
  • Therefore, boards (including in digital mode) containing names, addresses and the nature of the offence must be put up outside police stations and district control rooms.

Arrests of elderly or sick person - SECTION 35(7)

  • permission of an officer not below the rank of DySP is mandatory for arresting a person charged with an offence punishable for imprisonment of less than three years if such person is inform or is above 60 years of age.
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