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The Indian criminal justice system has long relied on the Code of Criminal Procedure, 1973 (CrPC), a framework derived from colonial-era laws. However, with the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a new era of criminal procedure is set to begin. Enforced from July 1, 2024, the BNSS aims to overhaul and modernize the criminal procedure in India, addressing the existing challenges of procedural delays, low conviction rates, and inadequate adoption of technology. In this blog, we will compare the BNSS with the CrPC, highlighting the key changes and their implications for the Indian justice system.
1. Procedural Evolution: From Colonial Roots to Modern Efficiency
Justice Krishna Iyer famously remarked that “procedure is the handmaid of justice,” emphasizing that procedural rules should facilitate rather than hinder justice. The CrPC, largely based on the colonial-era Code of Criminal Procedure, 1898, has served India for decades. However, the complexities of modern criminal justice demand a more streamlined and efficient system.
Comparison:
While the CrPC laid a solid foundation for criminal procedure, it often fell short in addressing the evolving needs of the justice system. The BNSS, with its focus on speed, efficiency, and protection of citizens, introduces significant reforms aimed at simplifying procedures, reducing trial durations, and enhancing the investigatory powers of the police.
2. Key Changes Introduced by BNSS
Special Executive Magistrates: Expanding Authority
BNSS Section 15:
This provision authorizes the State Government to appoint any police officer (not below the rank of Superintendent of Police) as a Special Executive Magistrate, in addition to an Executive Magistrate.
CrPC:
Under the CrPC, the role of Executive Magistrates was more limited, often resulting in procedural bottlenecks. The BNSS expands this authority, allowing for greater flexibility and efficiency in handling certain cases.
Enhanced Powers for Imposing Fines
BNSS Section 23:
The BNSS increases the fine imposition power of a Magistrate of the first class from Rs. 10,000 to Rs. 50,000, and of a Magistrate of the second class from Rs. 5,000 to Rs. 10,000. It also empowers these classes of Magistrates to impose community service as a form of punishment.
CrPC:
The CrPC’s provisions regarding fines were outdated, with relatively low limits that did not reflect the current economic realities. The BNSS’s revision aligns the fine amounts with modern standards and introduces community service as a progressive alternative to traditional punishment.
Protection for the Aged and Infirm
BNSS Section 35(7):
This section protects aged and infirm individuals from arrest for offences punishable by less than three years, without prior permission from an officer not below the rank of Deputy Superintendent of Police.
CrPC:
The CrPC lacked specific protections for the aged and infirm, often leading to unnecessary arrests and detentions. The BNSS addresses this by ensuring that vulnerable individuals are not subject to the rigors of the criminal justice system without sufficient cause.
3. Technological Advancements: Integrating Modern Tools
Electronic Summons and e-FIRs
BNSS Section 63 and Section 173:
The BNSS introduces provisions for the issuance and service of summons via electronic means, authenticated by the Court’s seal or digital signature. It also introduces the concept of Zero FIR and allows for the lodging of FIRs through electronic communication (e-FIR), with the requirement that the complainant’s signature is obtained within three days.
CrPC:
The CrPC did not account for modern technological tools, often relying on outdated methods of communication and documentation. The BNSS’s embrace of technology represents a significant leap forward, making the criminal procedure more accessible and efficient.
Mandatory Videography and Forensic Investigations
BNSS Sections 105 and 176:
Videography of search and seizure operations is now mandatory, along with the requirement for forensic investigations in offences punishable by seven years or more.
CrPC:
These provisions were either absent or inadequately addressed in the CrPC. The BNSS’s emphasis on video and forensic evidence aims to enhance the accuracy and integrity of criminal investigations.
4. Enhancing Witness Protection and Streamlining Trials
Witness Protection Scheme
BNSS Section 398:
The BNSS mandates the preparation and notification of a witness protection scheme by every State Government, addressing a long-standing gap identified by various Law Commission reports.
CrPC:
The CrPC did not provide a comprehensive framework for witness protection, often leading to witness intimidation and compromised trials. The BNSS’s focus on protecting witnesses is crucial for ensuring fair trials and increasing conviction rates.
Timelines for Judicial Processes
BNSS Sections 258 and 346:
The BNSS sets strict timelines for various stages of the trial process, including a mandate that judgments must be delivered within 30 days of the completion of arguments, extendable by only 45 days under specific circumstances. It also requires trials or inquiries to be conducted on a daily basis.
CrPC:
The CrPC’s lack of such timelines often led to prolonged trials and delayed justice. By imposing clear deadlines, the BNSS aims to expedite the judicial process, ensuring swifter delivery of justice.
5. Additions and Deletions: Streamlining and Updating Provisions
The BNSS introduces 531 sections, including several new provisions that address modern challenges and remove outdated ones. For instance, the BNSS omits provisions related to Metropolitan Magistrates and certain posts like the Judicial Magistrate of the third class and Assistant Sessions Judge, aiming for greater uniformity in the judiciary.
Conclusion: A Paradigm Shift in Indian Criminal Procedure
The Bharatiya Nagarik Suraksha Sanhita, 2023, represents a significant shift from the colonial-era CrPC, aiming to create a more efficient, technology-driven, and citizen-focused criminal justice system. While the CrPC laid the groundwork for India’s criminal procedure, its limitations have become increasingly apparent in the face of modern challenges.
The BNSS, with its emphasis on speed, technology, and protection of rights, is designed to address these challenges head-on. As India prepares to implement this new code, the true impact of the BNSS will be seen in its ability to deliver justice more swiftly, fairly, and effectively, marking a new chapter in the country’s legal history.
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