A Comparative Analysis of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Code of Criminal Procedure, 1973 (CrPC)

Introduction

The Indian criminal justice system has been governed by the Code of Criminal Procedure, 1973 (CrPC) for decades. However, with the advent of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), significant reforms have been introduced to modernize the procedural framework. This article provides a detailed comparison between the BNSS and the CrPC, highlighting key changes, new provisions, and their implications on the legal landscape.

Structural and Terminological Changes

The BNSS introduces several structural reorganizations and terminological updates to reflect contemporary legal practices and technologies. For instance, the term "Sanhita" replaces "Code" throughout the document, signifying a shift towards a more localized legal lexicon. Additionally, BNSS sections have been renumbered and restructured to facilitate easier reference and interpretation.

New Definitions and Concepts

The BNSS expands on the definitions provided in the CrPC by incorporating modern legal and technological concepts. For example, new subsections define terms like "audio-video electronic means" (Section 2(1)(a)), "bail" (Section 2(1)(b)), "bail bond" (Section 2(1)(d)), and "electronic communication" (Section 2(1)(i)). These additions reflect the increasing importance of digital technology in legal proceedings, ensuring that the BNSS is equipped to handle cases involving electronic evidence and communication.

Enhanced Provisions for Arrest and Detention

Significant updates have been made to the provisions related to arrest and detention. The BNSS introduces a new subsection under Section 41, which mandates that no arrest shall be made without prior permission from an officer not below the rank of Deputy Superintendent of Police for offenses punishable with less than three years of imprisonment, especially if the individual is infirm or above sixty years of age. This change aims to prevent unnecessary arrests and protect vulnerable populations.

Furthermore, Section 43 of the BNSS includes a new provision allowing the use of handcuffs for habitual or repeat offenders or those accused of certain serious offenses. This marks a significant shift from the CrPC, which generally discouraged the use of handcuffs unless absolutely necessary.

Modernization of Summons and Warrants

The BNSS introduces several changes to the issuance and service of summons and warrants, reflecting the need for modern communication methods. For instance, Section 63 of the BNSS now allows for the issuance of summons in encrypted or other forms of electronic communication, bearing the image of the court's seal or digital signature. Similarly, Sections 64 and 70 have been updated to include provisions for electronic communication, ensuring that summonses are considered duly served even if sent digitally.

Provisions for Electronic and Digital Evidence

Recognizing the increasing role of digital evidence in criminal investigations, the BNSS mandates the use of audio-video electronic means in several procedural aspects. For example, Section 105 requires that the process of search and seizure, including the preparation of lists of seized items, be recorded through audio-video electronic means. This provision ensures greater transparency and accuracy in the documentation of evidence, reducing the potential for disputes.

Strengthened Protections for Victims and Witnesses

The BNSS introduces new measures to protect victims and witnesses, reflecting a more victim-centric approach in criminal proceedings. For instance, the BNSS mandates the recording of statements by a woman magistrate in cases involving female victims, as far as practicable (Section 183). Additionally, it requires the recording of statements of witnesses through audio-video electronic means when dealing with mentally or physically disabled individuals, ensuring that their testimonies are accurately captured.

Timely Disposal and Expedited Proceedings

To address delays in the criminal justice system, the BNSS introduces specific timelines for various procedural stages. For example, Section 232 of the BNSS requires that the proceedings for cases triable by a Court of Session be completed within 90 days, with a possible extension to 180 days if justified by the magistrate. This time-bound approach aims to reduce the backlog of cases and ensure swifter justice delivery.

Procedural Safeguards for Accused and Public Servants

The BNSS incorporates enhanced procedural safeguards for the accused, particularly in cases involving public servants. Section 218 introduces a second proviso, mandating that the government must decide on sanction requests for prosecuting public servants within 120 days, failing which the sanction is deemed granted. This provision is intended to prevent undue delays in prosecuting public servants and ensure accountability.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita, 2023, represents a comprehensive update to the Code of Criminal Procedure, 1973, incorporating modern legal principles, technological advancements, and a victim-centric approach. The changes introduced in the BNSS, including the incorporation of digital evidence, enhanced protections for victims and witnesses, and time-bound procedures, mark a significant step forward in the evolution of India's criminal justice system. As legal practitioners, law enforcement agencies, and the judiciary adapt to these changes, the BNSS is poised to play a crucial role in ensuring a more efficient, transparent, and just legal system in India.